PRE-APP NOTES
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. 98-272
To:
Bulent Kastarlak, Director
From:
jJ1(Y~
Micheal Rumpf, Acting Director of Planning & Zoning
Date:
September 10, 1998
Subject:
Pre-application meeting ~ith Muvico - Conclusions
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This memorandum is intended to summarize the findings and issues determined from this pre-application
meeting with representatives of Muvico Theaters, Mock, Roos & Associates, and representatives of MFT
Development, Inc.
Contingent upon our ability to expedite a site plan review for their proposed entertainment complex, they
mentioned the possibility of submitting the necessary applications in mid-October. Their project is planned
for the cluster of parcels located at the northwest corner of High Ridge Road and Gateway Boulevard, also
known as Lots 83, 84, 85, 86, 87, and 88 within Quantum Park. The project would consist of a 20-screen,
theatre-seating movie complex, including a child-care facility all within an extravagant facility similar to
something characteristic of the tourist area of Orlando and Walt Disney World (as represented by the Muvico
Theaters in the form of a 1/1 6th scale model).
Additional applications deemed necessary include 1) a variance for the number of driveways to the project,
as the code limits the project to only one (1) per right-of-way abutting the site, 2) use approval to add the
entertainment complex to the list of approved uses within the PID (unless this process is deemed unnecessary
and superceded by the development order or agreement), and 3) height exception due to the planned height
of the project being above our maximum limit of 45 feet. I would also anticipate the Treasure Coast
Regional Planning Council requiring a Notice of Proposed Change (NOPC) to the DR!. The NOPC process,
according to state law, must be followed when a use is proposed for a DR! which has not previously been
approved. In this case, the state specifically categorizes movie theaters ("serial performance facilities") as
Attractions and Recreation Facilities (Chapter 28-25, F.A.C.), not commercial uses, and the Attractions and
Recreation Facilities category is not one of the land categories currently within Quantum Park. This
circumstance initiates a master plan modification to change the target lots to this new category, and the
impact is reviewed for substantial or non-substantial change. In order to avoid a substantial change, the
impacts should be offset by additional changes to categories on the master plan. Other lots should be
changed to represent a decrease in development impact equivalent to the additional impacts to be generated
by the proposed project. This process is initiated by the petitioner, standard applications are obtained from
the Regional Planning Council, and the process could be done concurrent with the review of the site plan
(perhaps slightly longer). As thorough as the new team has been in preparing for the acquisition and
development of Quantum Park, I am surprised that this process has been overlooked or ignored by this new
development team.
Other facts or issues are as follows:
1) The applicants are considering applying for building permits concurrently with site plan review;
2) A tree preservation plan was discussed and deferred to Mr. Hallahan for further details;
3) Platting was discussed in the event that the outparcels are to be sold from the principle project;
4) A shared parking and access agreement was discussed;
5) Project size and number of restaurant outparcels would be a factor of parking requirements; and
6) Either Jeff Davis of Muvico Theatres, or Gene Gerlica would be their project contact.
Lastly, staff suggested that they return to staff for a second pre-application meeting once plans are drafted.
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MEMORANDUM
To: File, Attendees
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From: Tom Marsicano ~1
Date: June 18, 2004
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Re: Boynton Beach Mall- Muvico Addition Pre-Application Meeting, June 16,
2004 - Meeting Notes
Following is a summary of key points discussed at the subject meeting. Attendees
included John Albright, Bill Boose, and Tom Marsicano for Simon and the following
City of Boynton Beach staff Members:
Michael Rumpf - Director of Planning and Zoning Division
Ed Breese - Principal Planner
Eric Lee Johnson - Planner
Timothy Large - Building Code Administrator, Department of Development
Laurinda Logan - Senior Engineer, Public WorkslEngineering
1. The meeting began with a presentation of the proposed plan outlining the
demolition of the existing Macy's building and construction of the new Muvico
facility and comparison of the existing and proposed site plans showing the
overall reduction in project size of 62,920 sf GLA. (Based on Simon site plan
DP29- ).
2. Tom Marsicano presented an overview of traffic and parking issues. Traffic will
be shown to experience an overall reduction in peak hour traffic. URS will
prepare a technical memorandum based on accepted ITE trip generation data to
document the decrease in peak hour trips. The City will review and determine if
any additional transportation analysis is required. To accommodate the potential
shortfall in parking spaces, URS will prepare a shared parking analysis in
accordance with the procedure outlined in the City's land development code.
Again, City staff will review and comment as part of the overall site plan review
process.
3. City staff asked about parking spaces dedicated to uses other than retail such as
the existing car wash operation. Any ancillary use will be identified and
accounted for in the shared parking analysis. The location and operational
characteristics of the proposed valet parking operation will also be shown in plan.
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4. City staff Advised that this will be considered a major site plan modification and
provided the appropriate review schedule, fee schedule and application package.
5. Mike Rumpf asked if setback requirements would be applicable. We indicated
that that had not been a requirement in any prior reviews. Staff will check and
advise. The answer to this question may effect the fmal dimensions of the parcel
for the Muvico building.
6. Laurinda Logan asked about platting requirements. After discussion it was felt
that the Muvico parcel could be handled as a lot split which would not require
replat. However, this needs to be confirmed and Laurinda indicated she would
discuss this matter with others in Public Works and advise.
7. DR! status was discussed. Mike Rumpf said he had talked to the director of the
Treasure Coast Regional Planning Council and both the RPC and the City did not
think this redevelopment activity would require any DR! review. The Simon
team was directed to obtain documentation from the State of Florida Department
of Community Affairs to this effect. Our local attorney, Bill Boose will lead this
effort. Tom Marsicano will assist.
8. Based on the schedule information provided we will try to meet the July 14, 2004
filing deadline which will result in a final hearing October 5, 2004. Copies of the
schedules and application information provided is attached for Simon team
members use.
9. John Albright discussed Simon's concerns regarding project signage for the mall.
The City staff agreed that the project appeared to be somewhat under-signed.
URS will conduct an initial review of the City's sign regulation s and recommend
potential changes to increase sign area and visibility.
10. John Albright indicated that our plan was to open the Muvico theater in about one
year or approximately June, 2005.
If any of the attendees have any additions or corrections to the above informa
contact me as soon as possible.
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CC: Attendees
Bill Ranek, Simon Property Group
Elaine Chandler, Esq.
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CODE CONSULTANTS,INC.
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Vice President
Director of Construction
AMY J. MURDOCK, EI
Project Consultant
1804 Borman Circle Dr,
SI. Louis, Missouri
63146-4136
314-991-2633 phone
314-991-4614 fax
amym@codeconsultant~ rom
Post Office Box 7033
Indianapolis, Indiana 46207
3]7.263.1]]]
317.685.1222 Fax
317.263.2333 Fax
mm;u;mv@c:;.imon rom
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Date
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PRE-APPLICATION CONFERENCE REVIEW FORM
Time Started: -.Ll : DO ~ Time Finished:
~'Attending as Applicant
( Phone?l2- 21,.2, .7'15:-;;
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Fax
Proposed Project Information
Proposed Project Name and
Type/Use MIII\JILv MOVIe 1n!LLttf
Site Location (Address if Available)
Site peN
Existing Zoning
Existing Land Use/Density
Anticipated Submittal Date
Proposed Zoning
Proposed Land Use/Density
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Vacant
Lot Area
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Notes and Comments . ')
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Lot Frontage
Lot Depth
Setback
Height I - 'StoJ;:"'(
Parking Requirements or Improvements--i1ov lit' '~~e l f-vt {J/(/ ,
Landscaping/Buffering
Non-conforming Use or Change in Use LCuvl-Lv<:-b WlLP ~'7t..\.{ c~ Cf i y.. 18' i Mdf
pe~ 7-<?; fM'
Other Zoning Changes Required
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€n'lirorlllll::lIldl Review Re\.ftJiI elllel.ts
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NonCE: The purpose of this conference shall be for the staff and applicant to discuss overall community goals, objectives,
polldes and codes as related to the proposed development and to discuss site plan review procedures. Opinions expressed
at the pre-application conference are not binding for tormal review purposes. Additional staff comments may be forthcoming
based on actual plans submitted tor review.
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PRE-APPLICATION MEETING
SIGN IN SHEET
PLEASE PRINT
lVIEETINGDATE: (P-I~'Ol1
'TIl\1E: .
ATTENDING FOR APPLICANT:
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NOTICE: The purpose of this conf!!rence shall be for the staff and applica t to discuss overall
community goals, objectives, policies and codes ass related to the proposed de elopment and to
discuss site plan review procedures. Opinions express at the pre-application c nference are not
. binding for formal review purposes. Additional staff comments may be fort c ming based on actual
laDS submitted for review.
City of Boynton Beach Attending for Applicant
Attendina Staff
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Vice President
Development
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URS
Thomas A. M,
~'IL'!' P1l",.,'I.il'" I
URS Corporat
7650 West C
Campbell Cal
Tampa, FL 3~
Tel: 813.286
Direct: 813.E
Fax: 813.631
thomas man
115 West Washington Street
Indianapolis, Indiana 46204
317.263.7953
317.685.7255 Fax
jalbrigh@simon.com
(56 I) 832-5900
"AX (56 I ) 833-4209
WILLIAM R. BOOSE III
'0"'""'00' ~l '
I 9TH FLOOR
5 I 5 NORTH FLAGLER DRIVE
WEST PALM BEACH, FL 3340 I
E-MAIL: wboose@boosecasey.com
J:ISHRDATA\PLk"i'NL'iG\SHARED\\VP\FOR.\[s\PRE.APPL MEETr.-..GooSIGN 'CN SH
LAW OFFICES
BOOSE CASEY CIKLIN LUBITZ
MARTENs McEWlE IS. O'CoNNELL
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Time and Date of Meeting It I " ^ ~ '+ - &
Those attending meeting:
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. PRE APPLICATIeN CONTACT QUESTIONS
Applicant's Name: M"" -:=t4 ~ Phone: 'lSV- 51. V-leSSO)(ol 35"
1. HA VB YOU SPOKEN TO ANY STAFF MEMBER ABOUT THE PROJECT?
Yes X No
(IF YES, HA VB THOSE STAFF ME~mERS BEEN SCHEDULED FOR THE PRE- -
APPLICATION MEETING? l~o.. p.--u--~ n. ~ ~A
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STAFFMEMBERS~: . .
2.
L~~~PR~~(CROSSS~~~NS~ .
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WHAT WOULD YOU LIKE TO DO?
X. NEW PROJECT
BUILDING EXPANSION OR MODIFICATION.
CHANGE IN PRIOR USE?
IS THE STRUCTURE CURRENTLY VACANT?
VARIANCE TYPE:
POOL OR SCREEN ENCLOSURE
COM:MER.CIAL PROPERTY?
RESIDENTIAL PROPERTY?
INDUSTRIAL PROPERTY?
DO YOU KNOW THE ZONING CODE DESIGNATION?
3.
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4. TIME AND DATE PREFERRED
5, HOW MANY PEOPLE WILL BE AT THE PRE-APP MEETING?
'.
Vote: Tell tl,e persol' that someone from tlae Department will call them ttJ confirm the meetiJ'g,
.................................................................................
Pre-application meetings should be scheduled for a minimum of one (1) hour time module, and should be scheduled
, less than two (2)" days prior to date/time of meeting. If urgency is sensed, discuss with Mike or tusia.
Meetfn2s may be scheduled:
Monday afternoons
, Tuesday all day
Wednesday aU day
Thursday mornings
Note: Lusia is not available for Tuesday a,in. meetings,
and Mike is not available on Mondays between 11:30 11.m. and 2:30 p.m.
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Plannina\PkmninJ'Pre-applicationcontllctquestions.doc
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PRE-APPLICATION CONFERENCE REVIEW FORM
Date
TIme Started:
TIme Finished:
Attending as Applicant
Phone
Fax
Proposed Project Information
Proposed Project Name and
Type/Use
Site location (Address If Available)
Site PC,..
Exfsting Zoning
ExIstIng Land Use/Density
Antldpated Submittal Date
Proposed Zoning
Proposed Land Use/Density
I
Vacant
Notes and Comments
Lot Area
Lot Frontage
Lot Depth
Setback
Height
Parking Requirements or Improvements
landscaping/Buffering
Non-conformlng Use or Change In Use
Other Zoning Changes Required
hd I4-r
-Envlr-o~1 ~e\." Rettl:llFements
Notes/Comments/Recommendations
NonCE: The purpose of this conference shall be for the stall' and applicant to discuss overall community goals, Objectives,
polldes and codes IS related to the Proposed development and to dIscuss site plan review procedures. Opinions expressed
at the pre-application conference are not bindIng for formal review purposes. Additional staff comments may be forthcoming
based on actual plans submitted for review.
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PRE-APPLICATION MEETING
SIGN IN SHEET
PLEASE PRINT
ivIEETING DATE:
. TIME- '. :. .. .
- .'
. ATI'ENDING FOR APPLICANT:
NOTICE: The purpose or this conf!lrence shall be for the stnff lnd :1pplfc:1nt to discuss overall
community goals, objectives, polfdes and codes ass related to the proposed development and to
discuss site plan review procedureso Opinions express at the pre-appUCAtfon conterence are not
. binding Cor form:d revieW' purposes. Additional staff comments may be forth coming based on nctud
I bml d Ii vi
D. ans IU tte orre eWe
City of Boynton Beach Attending Cor Applicant
~ttendin{[ Staff
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J:\SHRDA T A\PlAl'lfNIl'iG\SHARED\ \VP\FOR.\IS\PR,E-'\pPL l'tlEETr.-iG-SIGN IN SHEET.DOC
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L( CATION MAP
BOYNTON BEACH MALL
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Meeting
Date:
Petition:
File No:
Location:
Zoning:
Project
Name:
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 98-041
S1 AFF REPORT
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
INTRODUCTION
February 10,1998
Case No. 249
ZNCV 98-002
801 North Congress Avenue
Boynton Beach Mall (see Exhibit "A"-location map)
Owner: Boynton-JCP Associates, Ltd.
801 N. Congress Avenue, Suite 295
Boynton Beach, Florida 33426
Applicant: Thomas E. Sliney
Hodgon, Russ, Andrews Wood & Goodyear
2000 Glades Roads, Suite 400
Boca Raton, Florida 33431
C-3 (Community Commercial)
Boynton Beach Mall
Adjacent zoning districts and land uses:
North -
C-16 canal and farther north is commercial uses fronting
Congress Avenue, zoned C-3 and apartments
(Congress Lakes) and a mobile home park located in
Palm Beach County.
South -
Old Boynton Road and further south is the Boynton
Commons shopping center, zoned pce.
East -
Congress Avenue and farther east is vacant property
zoned R 1 AA.
West -
Developed single-family property located in Palm Beach
County .
/
Page 2
Memorandum No. PZ 98-041
Boynton Beach Mall
Case No. 249 -staff report
Variance
Request:
Request for a variance from the City of Boynton Beach Land Development
Regulations, Chapter 2 - Section 11.H.d(2) - Provision of Off-Street Parking
Spaces, to reduce the parking space ratio from one (I) space per 200 feet of
gross leasable floor space to (1) one space per 222.225 square feet of gross
leasable floor space (4.5 spaces per 1,000 square feet).
BACKGROUND
On June 11,1996, the City Commission approved a site plan for construction of the
remaining department store at the Boynton Beach Mall. This approval included a parking
garage. Since then, the prospective tenant, Dillard's, has submitted a building permit for a
store reduced in size and without a parking garage as a minor site plan modification (see
Exhibit "B" - Site Plan). In conjunction with this permit the applicant is requesting the
subject variance to further reduce the parking spaces required to negate the need for the
parking garage.
ANALYSIS
The City of Boynton Beach Land Development Regulations, Chapter 2 - Section
11.H.d.(2) states as follows:
tlShopping Centers: One parking space per two hundred (200) square feet of
leasable floor area."
As per the above requirement, the expansion of the Boynton Beach Mall to include the
proposed 122,733 square footage (gross leasable area) requires an additional 617 parking
spaces to be built. Also the mall is vested under their DRI (Development of Regional Impact)
approval for a third floor (for Macy's Department Store), requiring at most, another 265
spaces,
There are currently 5,540 spaces as per the survey submitted with this application. The
applicant is proposing to construct a total of 5,553 spaces. Based on the proposed Dillard's
square footage and buildout of Macy's (which may never be requested), a grand total of 6,195
spaces (a difference of 642 spaces) is required. If 5,553 spaces is the maximum that can be
built on the mall property and 1,239,113 square feet (gross leasable area) is desired, this is
a provided parking ratio of one space per 223.143 square feet. The applicant is requesting
a variance for a ratio of one space per 222.225 square feet (4.5 spaces per 1,000 square
feet). Although the requested ratio is not quite enough to accommodate all the vested square
footage (23 spaces short) which would need to be added or square footage reduced, the
requested ratio is consistent with the ratios of many other cities required for large shopping
eX
Page 3
Memorandum No. PZ 98-041
Boynton Beach Mall
Case No. 249 -staff report
centers. The applicant has provided this comparison data in Exhibit "C" - Justification
Documents.
The code states that zoning code variances cannot be approved unless the board finds the
following:
a. That special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other lands, structures
or buildings in the same zoning district.
b. That the special conditions and circumstances do not result from the actions of the
applicant.
c. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this ordinance to other lands, buildings, or structures in the
same zoning district.
d. That literal interpretation of the provisions of this ordinance would deprive the applicant
of rights commonly enjoyed by other properties in the same zoning district under the
terms of the ordinance and would work unnecessary and undue hardship on the
applicant.
e. That the variance granted is the minimum variance that will be make possible the
reasonable use of the land, building, or structure.
f. That granting of the variance will be in harmony with the general intent and purpose
of this chapter (ordinance) and that such variance will not be injurious to the area
involved or otherwise detrimental to the public welfare.
With respect to the above variance criteria, the Boynton Beach Mall is unique in the it is the
only shopping center in the city that is over 1,200,000 square feet; the size the Urban Land
Institute (ULI) recognizes as the threshold where it is appropriate to reduce parking ratios
below that currently adopted by the city for all sizes of shopping centers. In addition, the cities
that staff contacted have a lesser parking requirement for department stores than the city's
and recognize a different ratio applicable to large shopping centers.
Lastly, granting of the variance is in harmony with the general intent and purpose of the city's
parking requirements and would be beneficial to the public in that deleting the parking garage
will reduce impervious areas and address the concerns of neighboring property owners to the
west.
xc: Central File
-3
EXIllBIT "C"
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Conditions of ADDroval
Project name: Boynton Beach Mall
File number: ZNCV 98-001, Case #249
Reference: Zoninll Code Variance aopIication submitted January 5.1998.
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DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
PO~ICE
Co~ents: None X
ENGINEERING DMSION
Comments: None X
BUILDING DMSION
Comments: None X
PARKS AND RECREATION
Con,ments: None X
FORESlERlENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Co~ents: None X
ADDmONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
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1. None X
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ADDITIONAL CI1Y COMMISSION CONDITIONS
2. . Te he Eletefftlmea. - A6N'"4' X
/bme
S;\projects\concl of appr\
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE ~
CITY OF BOYNTON BEACH, FLORIDA
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PROJECT NAME: Boynton Beach Mall
APPLICANT'S AGENT: Thomas E. Sliney, Esq.
APPLICANT'S ADDRESS: 2000 Glades Road, Suite 400, Boca Raton, FL 33431-8599
DATE OF RATIFICATION BY CITY COMMISSION: March 3,1998
TYPE OF RELIEF SOUGHT: Zoning Code Variance - reduction of parking space ratio
LOCATION OF PROPERTY: 301 N. Congress Avenue
DRAWING(S): SEE EXHIBIT"B" AITACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
-1L HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
-1L GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7.
Other
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City Clerk ~II. FLO~'\ :\,#
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DATED~ ~~ /99'8
J:\SHRDATA\Plannlng\SHARED\WP\Projects\BBMalllzncvlDEVELOPMENT ORDERdoc
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DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Bulent I. Kastarlak, NCARB
Director
But/ding
Planning & Zoning
Engineering
Occupational License
COmnlllRity Redevdopment
March 10, 1998
Thomas E. Sliney, Esq.
2000 Glades Road
Suite 400
Boca Raton, Fl. 33431-8599
Re: Boynton Beach Mall
File Number: ZNCV 98-001 Zoning Code Variance - reduction of parking space ratio
Location: 301 N. Congress Avenue
Dear Mr. Sliney:
Enclosed is the City of Boynton Beach development order regarding the Commission's March 3,
1998, approval of your zoning code variance request, as referenced above.
Should you have any questions regarding this matter, please feel free to contact this office at
(561) 375-6260.
Sincerely,
~t~). /Ju~v I~
Tambri J. Heyden, AICP
Planning and Zoning Director
TJH:lkh
Attachment
Xc: Central File
AmeTica's Gateway to the GulfstTeam
100 Ea't Boynton Beach Blvd., P.O. Box 310 Boynton Beach. Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259
MINUTES OF THE REGULAR CITY COMMISSION MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON TUESDAY, MARCH 3, 1998 AT 6:30 P.M.
PRESENT
Gerald "Jerry" Taylor, Mayor
Jamie Titcomb, Vice Mayor
Matt Bradley, Commissioner
Shirley Jaskiewicz, Commissioner
Henderson Tillman, Commissioner
Kerry Willis, City Manager
Jim Cheraf, City Attorney
Sue Kruse, City Clerk
I. OPENINGS:
A.
B.
Call to Order - Mayor Jerry Taylor
Invocation offered by Rabbi Max Roth - Boynton Beach Temple Beth
Kpdesh
piedge of Allegiance to the Flag led by Mayor Jerry Taylor
!
C.
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Mayor Taylor c~lIed the meeting to order at 6:35 p.m. Rabbi Roth offered the invocation,
followed by the ~Iedge of Allegiance to the Flag.
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D. Agenda Approval:
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1~ Additions, Deletions, Corrections
Commissioner J~skiewicz requested the addition of Item XI-D.l, "Topless Bars", and Item XII.B,
"Discussion on ZIP Codes in Boynton Beach".
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Commissioner Bradley requested the addition of Item 11I.B.3, "Draft Interlocal Agreement for
Partnership beWieen City of Boynton Beach and Palm Beach County School Board with
reference to Congress Middle School" drafted by City Attorney Cheraf. Commissioner Bradley
would like to discuss this interlocal agreement and allow the principal from Congress Middle
School to speak about recent developments. Mr. Sills will arrive at 7:30 p.m.
Commissioner Bradley also requested the addition of Item lILA.5, "Television Show to be Aired
Friday Night".
Attorney Cherof requested that Item XI.A.l, "Newsrack Ordinance on Second Reading" remain
on the table for one additional meeting.
City Manager Willis added a Resolution as Item IV.C.7 that references the Latchkey Program. It
is a companion item to Item IV.e.6. Back-up material was included in the agenda packet but
the item description was inadvertently left off the agenda.
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City Manager Willis added Item X.D, "Request to Erect Tents for Temporary Sales".
Commissioner Tillman arrived for the meeting at 6:43 p.m.
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MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MARCH 3, 1998
an estimated annual expenditure of $100,490 (Renewal period: 4/1/98 to
3/31/99)
2. Approving Roads & Street's request for street resurfacing, piggybacking a
Palm Beach County Contract, Bid #98051 ANNUAL ASPHALT MILLING
AND RESURFACING CONTRACT, to Ranger Construction Industries, Inc.,
West Palm Beach, Florida, in the amount of $211,960
3. Approve award of "TWO YEAR BID FOR HYDRAULIC CYLINDERS AND
VALVES PARTS AND REPAIRS" - BID #035-501-98/SP to Construction
Hydraulics, Inc., of Lake Worth, Florida, at the shop hourly rate of $35.00
per hour for an estimated annual expenditure of $12,000
C. Resolutions:
1. Proposed Resolution No. R98-41Re: Authorizing Addendum No.1
to the lease agreement between the City of Boynton Beach and J.C.'s
Food Service Concession
2. Proposed Resolution No. R98-42Re: Authorizing the acceptance
of the final plat for "Grove Plaza"
3. Proposed Resolution No. R98-43Re: Authorizing the acceptance
of the final plat for Via Lugano
4. Proposed Resolution No. R98-44Re: Supporting a Beach Funding
Bill HB 3427 & SB 882
5. Proposed Resolution No. R98-45Re: Approving the reallocation
and distribution of $165,194 of State fiscal year 1996 federally funded
Drug Control & System Improvement Formula Grant Program funds for
the projects within Palm Beach County
6. Proposed Resolution No. R98-46Re: Authorizing and directing
staff to apply for the 1998/99 Children's Services Council Grant in the
amount of $43,672 for the Boynton Beach Latchkey Afterschool Program
D. Ratification of Planning a. Development Board Action:
1. First United Methodist Church - 101 North Seacrest Bou leva rd-
Request for variance from the City's LDRs to allow a 24.2 foot reduction
of the required 40 foot front setback (a 15.8 foot setback)
2. Boynton Beach Mall - 301 North Congress Avenue - Request for
zoning code variance to reduce the number of parking spaces from 6,195
to 5,553 (a ratio of one space per 200 square feet of gross leasable floor
6
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MINUTES -PLANNINGAND DEVELOPMENTBOARD'MEETING
BOYNTON BEACH t FLORIDA
SEPTEMBER 8. 1992
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Regarding this submittal, the site plan has changed. The Technical Review
Committee now recomnends approval. of the variance. The new proposal provides
parking space br~aks wh,ch wouldal1owernergency vehicles to respond to various
emergencies 1n alld arOund the building. The staff recCInITlendation is subject to
one condition which Wilsdescribed in the Engineering Department Memorandum No.
92-206 which states that thebrealc:.s be shifted so that they correspond with the
outdoor seating (ifea. The Polic_e Department has,not chan-ged its position since
the Submittal of the or;iginal request for a variance since they feel the addi-
tional parking spaces will increase the number of parking lot aCCidents in this
already congested parking lot.
In response to. Chairman Lehnertz. question, Ms. H_eyden advised that these addi-
tional par'ktng sp~fces will be surplus. There is no need for them at this time.
BobBentz~ land ,Design SOllth~ '128Q N. Congre.ssAv~nlleljSuite l09s:West Pa.lm
aee.ch~ repreieiltedtheowners _of Cross Creek Centre. H~ said thi s ; s a very
successful shopp1ng:c~nter ~hieh was built approximately f.our years ago.
Because of the 'Fi,re D~partinent' s concern t .the ori.ginalrequest was withdrawn.
Sinc~ that timet, and, af~er:'di.scuss1onswi th the Fi re Oepar:tment, this new plan
was submitted. The total distanCe of this section of the shopping center is
approximately ;37:51. The applicant is proposing the use of o:lie~thi:rd of that
area (approXimately 12S')wijtch'Wll,l leave two-thirds 'of the area :available for
access to the front of the t)uilding. This, polan minimized t-h;e F_.ire Department's
concerns. F'urthErr, notorilY'is the building sprinklered, but the canopy is also
sprinklered.
In response to Mr. Collins' question, Mr. Bentz stated the drop-off box for
BlOCKbuster Video will be relocat~d as far to the west as posSible in an attempt
to keep ,the people visiting Blockbuster. in the, western por~ion of the center.
Further, discussions have taken place regarding marking specific park'1ng stalls
for the use of patrons of certain tenants. Chairman Lehnertz pointed out that
90% of the people using the Blockbuster drop-off box probably never park their
cars.
Cha1 rman Lehnertz wondered if any of the new spaces would be designated _as han-
dicap parking. Mr. Bentz reported that the new spaces would not be handi cap.
spaces. In Chairman Lehnertzl opinion" if additional parking is to be added to
the fire lane, some of that parking should accorrrnodate the handicapped.
Ms. Huckle pointed out that the Police Department feels this additional parking
will increase the number of parking lot accidents. Mr. Bentz explained that
adding the parking in front of the retail will help to eliminate some of the
pedestrian traffic in the western parking area. Mr. Bentz feels that will
reduce the confrontation of pedestrians and cars at the western access poi nt.
Mr.. Ni 1. ler poi nte.d. out th. a.t. the number. of .restaura. nts. in the.se Sh.OPPi og centers \'
increases the traff.lc flow. Although the parking: ratio is one per 200, when ,
restaurants are added, the traffic generated increases, the ratio remains the \
same and very little can be done to ease that situation. Mr. Miller suggests ,
F' lim1ting the number of restaurants in these cente:rs. Mr. Cutro expla'ined that a
limitation was set on the square footage for restaurants in the Boynton
Promenade.
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. MINUTES - PlANtUNG ANODEYELOPMENTBOARD MEETING
:80MON8EACH, FLORIDA
SEPTEMBER 8, 1992
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Ms. Huckle questioned what kind of precedent would be se.t by granting this
'.." vari.ance. Ms. Stevens ~xpressed the same .concern and feels this would be a very
dan,gerousprecedent. M~. Huckle pointed out that Sunshi ne Square had to reduce
its parking constCterably because of the addition of the fire lanes.
Attorney Cherof pointed out that in reviewing a request for variance~ each case
mU,st be judged separately and on its own merit. The term "precedentll is not
ap'plicable ina. varlancesUuatipn provi~ed all of the necessary elements are
cnnsidered. A .vartance should begrante(i when the circumstances are proper. In
response: to ''chairman l"ehnertz I . q~.es.tt(}n.~ Attorney Cheraf advi sed that the appl i-
cant must show need or hardship as one of the elements.
Mr. Cutro,explairied that there has peen discussion regarding the fire lane
requirements. .' If.abuildtng 1s sprtriklered:, then the need for a fire lane is
nO:tautomatitally r~qufred.However;because of the way in which this require-
me:nts has be,en wrft.t~n trlto tijeparking lot :re911Tattons, it has now become a
situatlonover and.ab.ove:,tl1e ~xistjng:fjre ,qodes. Mr.Cutro will discuss this
situati on with, tne8U:l.ldlng OTfict~L. 'Further ~Mr. Cutro reelS. thts is the
reason there ;=5 nd,coome:nt'frqrn the Fire Departrnel1ton this application.
Ms. Stevens stated she shops in this center and feels the area in front of these
stores 1 sna,rrow,., She tl:t,i r.lq; toe ,acldltlon, of parking spaces would be dangerous
arid w.ould lead,tbJiloreacelderlts. She does not see the need Tor the additional
parking and 'cannot sliJjpo,ttgranti ngth1s var1'ance. ..
Mr. Davis aSked the appHcant, to addr~ss Items #2 and #3 set forth by the
Techn~lcal Revfew!3:Qard as r,easons ~f(m: dental in January of 1992. Mr. Bentz
feelS'Tt~ IfBdea.:T'ing wr~h'$p~cial cond~,tiol1s and circumstances is clear. The
e'asem~nt: ,beni n~ tn.e'c~n~~r ,wi 11 not periqi t the property to be wider . An access
dri ve.-WBsrequ1 red' in' th€! rear of t~e,pr;opef:ty. The building Was not moved over
moreQ~cause of ine acc~ss 'poi nts. ,JVdangenous si tuati on would have been
creat~d;, therefor~,. the buf'il~rng was ,10cateq: be:tween the two driveways. These
two fa'~tbrs 'cre-a:te<i,the haroship. To~ay, tile tenants and patrons are
e':Xpetl(e!'l~ing. prob:I:ems b~e,a~se of th~ :paj'iki l1g, si.tuation. With regard to Item #2~
MI". a~f1tZ fe~l$~h:$ con~~stli OIl, i s loe~t~d at: the westerly-most entrance of the
patktnjg lot :be,ca,use of ttle'numberofpeople :f)arking in that area and walking
across" tra ffi c areas.
Mr. Darvis feels the area in front of the stores is a thoroughfare and does not
feel tthfs va'rian.ce, should be approved because it will create additional
congestion w.ith ca:rs attempting to back out.
THERE WAS NO ONE PRESENT TO SPEAK AT PUBLIC AUDIENCE.
Mr. Mi:ll er feels the app li cant sees a prob 1 em with park; ng in th; s area and
wants to alleviate that P.roblem. The additional fourteen spaces involve only
appro;>eimately 700 square feet. In theory. the applicant could add that square
footage to t.hesite plan and then those fourteen spaces would be required. He
r---.- feels the applicant 15 trying to provide the tenants with a better situation.
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MINUTES - PlANNING AND DEVELOPMENT-SOARD MEETING-
BOYNTON BEACH, -FLartIDA - -
SEPTEMBER-8~ 1992
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Chao; rman Lehnertz 1s toncered wi th the fact that the area in front is always
congested.- Tile front area is narrow and he agrees with the Police Department
that' $erious prQb-l ems coul d be created by the addi tion of parki ng spaces.
Further, a: varlarlceshouldbe predi cated upon a hardship and Mr _ Lehnertzdoes
not feel a hardship exists.' -
Motion
Ms. stevens moved to recommend to the CityColTlTIission that they deny the parking
lot variance request in Item 6Al, Cross Creek Centre. Mr. Sussman seconded the
motion which carried 6-1. (Mr. Miller cast the dissenting v,ote.)
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NEW BUSINESS,
A. PUBLIC HEARING
ABANDONMENT
~:--:-:- 1
Carr1age Homes of Congress Lakes
ThomasT. McMurrian
Carriage Homes Development Inc.
N.W.22nd Avenue west of Congress Avenue (directly
west of the Target Shopping Center)
Request for the abandonment of a Special Purpose
Easement
Mr. Cutro made the presentation. The reason for the request is that the can-
tileveredarea of Building '9is encroaching into the easement. Theeasement
contains a sewer line and the ap~ltcant is aware that maintenance and repair of
the portion of the line through the abandoned easement will beh1s respon-
sibil i ty. No comments _were receiv~d from any other City departments and staff
reconrnends forwarding this reque~t to the City Corrmission with a recomnendation
for approva 1 .
1. Project Name:
Agent: -
Own:er:
Location:
Description:
Thomas McMurrtan" 1767_N. Congress Avenues. Boynton Beachs. represented Savannah
Lakes Comnunity. He presented apl~nwhich d~picted the area i"nquest1on. He
explained that the building cantilevers over the easement. The easement is 251
and the building encroaches approximately 51 into the easement.
THERE WAS NO ONE PRESENT TO SPEAK AT PUBLIC AUDIENCE.
Motion
Mr. Co 11 ins moved to approve the request for the abandonment of a Spec; a 1
Purpose, Easement located at NW 22nd Avenue west of Congress Avenue (directly
west of the Target Shopping Center) subject to all staff comments. Ms. Huckle
seconded the motion which carried unanimously.
B. Corrmunity OeSi9" fl!!!. Review
L Review a r_quest by RtchardParsons t.o install red clay
:barrel tHe ~o the rQofof Capta1n .Frank's Seafood butlding
located. at 435 W. Boynton Beach Boule,vard. The bul1ding is
lQca.ted in the Coasta,lVtllage Design, District.
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BOYNTON BEAcH,MALL
DEVELOPMENT.. AGREEMENT
'Boynt.on Beach., ' Inc. is,the O~er of certain real property J here;Lnafter'
'ref.err~dto . a~ .the ',I'prope,rt.y" , situated ,tn the ,,(;:i ty of 'Bo,yiiton Beach, .
Palm Beach' Co~n,ty', Florida and shown-on Exhibit "A" and more particularl1
describ~din.Exhibit 'IIA";'l", attached hereto. .
BoyntbnBeach, Inc. (Owner) and' the. ,C,i ty of Boynton Beach (City) hereby
ag~ee tha.~ the property w,ill be dev.eloped .in ,basic conformance with the,
drawing'~, specifications>> docume~ts , etc., lis,ted on Exhibit "B "and
the rollbwingterm~, conditions,.requirements, etc.:'
Section 1
Zo~ing
. C-3 (CommUnity Commercia~) will permit development of the regiopal .
m~ll ... 108.30 acres 'in accordance with the drawings, 'specificatibns.,
etc., set fort h bn' Exhibi t liB".
No variances, special exc~ptions, et'c.,. will be required to' permit'
ttie development of the regional mall as shown QU. the drawings,
s'pecifications, etc"J listed on Exhibit "B" with the exception
of the following: .
Parking Lot ;Regul.ations.
Section 5-l4l(d) - Elimination of the, r,eq,uired concrete. curb stop.
Section 5-14l(k). - Eliminate the required double line painted strips.
Zoning Regulations
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Section 4(L) - Eliminate requireq.construction .of a 6' masonry'
wall along west boundary between Old Boynton Road 'and the drainage
canal.
. Section 2
Development of Regional Impact (DRI) .
The "property" will be developE;}d in accordance with the Development
Order" pursuant to : Section 380.06 (14)( e), Florida Statutes,
incorporating the provi$ions of Palm Beach County Resolution
No. R-74-343, a eopy of 'which is aftached hereto al:? Exhibit "C".
S'ection 3
Platting & Subd-ivision
In accordance with the defi;ntion of the. term' "subdi vision tl as con-
tained in'the City of Boynton Beach Code regulating subdivisions,
. the City '.agreesthat ,the proposed di vis,ion of land as set forth.
in the pHm 'at tached ,hereto as Exl.1i bi t 'l'Dt' will not: be deemed a
subdiv-ision, within the m~aning of the City Code under the following
coridition~:' , .
~
a. Any division of the: subject property will result in all parcels,
of. land being more than five (5) acres in area,..
. ,b. Divis;ion.of the subject property ~ill bot. in and of itself,
involve any ,changes in.' street lines or public -easements of
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SubdivisioIi,(con~ld)
No c~rttfic~te of occup~ncy will be 'issued for any building,
connected, with' them'all prior 'to dedication of the public'
easements'to the' City.
Based on the, condition~ set forth above, it is agreed that a sub-
division :plat will not' be 'reqJiired' for the ,regional mall 'tract ,
(108.30 ao:)' and for parcel #2 (7.87 ac.) and,parcel #,8 (6.'54 ac.)
and that tIle sale of (I ) any and all parcel-s within the regional
mall tract to the various department stores and (2) p:a'r'cel #2 and,
#3 can' be conveyed by metes an4 bounds description only.
'It is further ~greed that g~ven,the condtions set forth above, the
'subdivision, regulations of the City'of Boynton,Beach will not apply
to this "property."
, Section ,4
Off~S1te Improvements
Off-site (beyonq the boundary limits of 'the "property',,) improve-
ments for the development of, the regional mall 'as shown on
SP-I and SP-2,and parcel ,#1,' #2, #3 and #4 will be limited to
the followIng:
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'a. Highway & Access
1. Cbnnectorroadbetwe€n New ~OyntonRoad(SR 804) and
Old Boynto'nRoad (Boynton Wes,t Road), ,opposite' mal,l
entranc'e ' "B" .
.'
The Owner.under ,an 'agreement with William Winchester,
the Owner of the property between Old'Boyriton Road' anq
New Boynton Road (Sa, 804;) wiil construct a four (4)
lane roadway with median andsepara,te left turn. lanes
between lJIall entrance "a", on 014 BoyIiton Road' to an,
' intersection with New,Boynton Road (SR 804), approx-
imately '1037 feet' west, of Congress -Ave. , This roadway
will be constructed to Palm ,Beach County standards
and will he de~iicated to Palm Beach County upon"
completion and acceptance of construction. The cdn~
struc~ion will' be limited to roadway (including st,riping,
and'signing)and'drainage improvements op,ly.
Signalization at the intersection of,the connector road
and New Bovnton Hoad ,(SR 804)' and the connector road and Old
Boynton Rd. (Ent."BlI) will be installed by Palm Beach County
per Section 5h)ii) and 5h)iii) of the "Agreement for
"roadway improvements" dated December 22, 1981 between
Palm Beach County" Homart-Boynton Associates, and the
Edward J. DeBartolo Corporation attached hereto as'
Exh~bi t uE"'.
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2~: Old':Baynton Road" (Boynton West Road)
The' "Owner" w'i.ll construct the following improvements
on Old Boynton Road in accordance with Section 2 b) ,
and 2 c) of ,the" "Agreement for Roadway Improvements"
(ExAibi t "E"):
At the interSection of Old Boynton' Roadan'd Mall ACCeR'R
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MINUTES OF THE PLANNING & DE\fJ:LOPMENT BOARD MEETING
HELD IN COMMiSSION CHAMBERS, CITY HAL'L,BOYNTON BEACH,FLORI04,
ON TUESDAY, FEBRUARY 24,1998 AT 7:00 P.M. .
I~'-~-:-"
PRESENT
:...... .,.,..
Lee Wische, Chalrman
J.ames Reed, Vice Chairman
Jose Agu i1a.
Stanley DuM
Mike Friedland
Maurice Rosenstock
Steve Myott, Alternate (Voting Member)
I
Tambri H.e.. Yden. r Planning &. Ioning
Director
MikeRUrilpf,AssistantPlann r
Dan DeCc;Irlo, Assistant Plan~er
Michael Pawelczyk, Assistan City
AUomey
ABSENT
Pat Frazier
1. PLEDGE OF ALLEGIANCE
Chairman~ Wische called the meeting to order at 7:03 p.m., and led the Pledge of Allegiance to he Flag.
2. INTRODUCTION OF MAYOR, COMMISSIONERS AND BOARD MEMBERS
Chairman Wische introduced the members of the board, Assistant City Attorney Pawelczyk,
& Zoning Division staff, and the RecOrding. Secretary.
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3.
AGENDA APPROVAL
Mr. DuM moved to accept the agenda as presented. Mr. Aguila seconded the motion
unanimously.
4. APPROVAL OF MINUTES
The approval of fhe n;linules of the last meeting was deferred until the next meeting of the lanning &
Development Board. ;
5. COMMUNJCATIONS & ANNOUNCEMENTS
A. Planning & Zoning Report
1. Final disposition of the January 27, 1998 and February 10, 1998 P ann/ng &
Developrnent Board rneetlng agenda items
Ms. Heyden advised that there would be only one more split schedule meeting. After that pint, items
addressed by the Planning.& Development Board will go to the City Commission for approval t the next
meeting following the Planning & Development Board meeting.
1~~
Four Steel Communications Tower - Conditional Use Approval - Approv d
subject to Staff comments and recommendations of the Planning & Developme t
Board. .
Ms. Heyden reported the follOWing City Commission action on the items addressed by the
Development Board at their January 27, 1998 meeting:
Boynton Commerce Center - Master Plan Modifications - Approved subject 0
staff comments.
1
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ME'ETIN~MINUTES
PLANNING & DEVELOPMENT BOARD
aOYNTON~ ~EACHJ FLORIDA
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FEBRUARt 24, 1998
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Boynton Commerce Center - Site Plan - Approved. sUbject to staff comm nts
ahdrecommendatiOns of the ' Plarinlng & DeVelopment Board.
Ms. Heyden reported that the City COf!lmi~siOhWOuld'address on the following items that we~ addressed
by thePlannirig & Developmen(Board at theirl='ebruary 10, 1998 meeting:
Boynton Beach Mall- Zoning Code Variance for nUmber of parking spaces
Grand Park ALF - Site Plan approval.
B. Pvt8etingdat~lfor March 1'0. 1998 is changed to Match 11, 1998 in 8$t Wing
Conference' Room .'0"
Ms. Heyden confirmed wit/:1 the members thatthe only member whois unable to attend the n xt Planning
& Development Board meetiiig 011 Wednesday; March 11, 1998 is Mr. .Rosenstock.
6. OLD BUSINESS:
None
7. NEW BUSINESS:
A. PUBLIC HEARING
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Attorney Pawelczyk administered the oath to all who would testify in these proceedings this ev ning.
Zenina Code Variance
1.
Project:
Agent:
Owner:
Location:
Desc'ription:
First United Methodist Church
, Robert Hall
David Lynch (Trustee)
101 N. Seacrest Boulevard
Request for a variance from the City of Boy. ton Beach
Land Development Regulations, Chapter 2 - Zoning,
Section 5.G.2.c, to allow a 24.2 foot reduc 'on of the
reql,lired 40 foot front setback (a 15.8 foot etback is
required).
Robert Hall, agent, approached the podium and confirmed for the board that he was in agreement with
the two staff comments. . I
CHAIRMAN WISCHE ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRES NT WHO
WISHED TO SPEAK ON THIS APPLICATION.
Ms, Heyden had no additional comments.
Mr. Aguila expressed confusion about the request. However, Ms. Heyden confirmed that part 0 this alley
was abandoned in 1964, and the Church took possession of the entire 20', Mr. Aguila was oncerned
abo~t the west 75.' because the back-up information did not indicate that the single-family reside ce would
gain one-half of the alley being abandoned. It appeared that the Church would get all of the pro arty.
Ms. Heyden advised that the Church owns the single-family house. There will be a Unity of itle of the
house, parking, lot, and Church.
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2
MEETING MINUTES
PLft.l~NING~. DeVELOPMENT BOARD
BOYNTON BEACH,. FLORIDA
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FEBRUARt 24, 1998
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;..., Mr. Aguila further pointed. out that this reqll&st does not meet the conditions outlined in the criteria that
must be met in order for a variance to. be granted. .
Motion
Mr. Dubs moved to approve the request for a variance from the City of Boynton Beach Land velopment
Regulations, Chapter.2 - Zoning, Section 5~G.2.c, to allow.a 24.2 foot reduction of the requ red 40 foot
front setback (a 15,8 foot ,setback is required) subject to staff comments. Mr. Myott seconded emotion.
Mr. Aguila said he watched the fomierBoard of Adjustment approve variances that never q a[jfjed~ He
believes the PI8finil"!g& t)evel(jpnientBo~rd is doing the same thing. He pointed out the nee; tocatefully,
review the criter'iatliat:rTll.,l$t be mette-grant a varianCe. Although he agreesthelitmakes sese to grant
this variance, this,procedure iswrong. He feels the board needs to look at these situations be use these
situations'Weakent/l'e board.
Attorney PaWe1ctyk, recommended that. the applicant take the opportunity to speak on t s issue to
convince the ooard that the request is justified.
Mr. Hall advised: that- in: 1976, the Church was ,granted a variance. The Church now needs this ariance to
continue the wall 22' to the: south. Mr. Hall advised that he answered the questions with re ect to the
variance criteria in the application that was submitted to the Planning and Zoning Department.
The motion carried 5-2. (Messrs. Aguila and Rosenstock dissented.)
Mr. Aguila added that he was opposing this request on principal.
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Abandonment
2.
Project:
Agent
OWner:
Location:
Description:
First United Methodist Church
Robert Hall
. David Lynch (Trustee)
101 N. Seacrest Boulevard
Request to abandon a portion of a 20.8 foot ide alley
. SOuth of the First United Methodist Church
Mr. Hall advised that Mike Corbett should have been listed as the agent in this request.
Attorney Pawelczyk administered the oath tofMr. Corbett.
Mike Corbett. Architect for the Church expansion. understood why the board has sam concerns
about the abandonment. However, granting this abandonment will clean up the entire piece f property
and make it a clean "L". It will ciJsoresolve techl?icalities that the former variance compoun ed. The
request for this variance results from the widening of Seacrest Boulevard that eliminated a gr at deal of
frontage. Mr. Corbett feels that by granting this variance. the site can be cleared of i strange
configuration.
Chairman Wische read the two staff conditions into the record, and Mr. DuM provided Mr. Co ett with a
copy of the :conditions for his perusal. Mr. Corbett confirmed for the board that he had no objec 'on to the
two staff comments.
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Attorney Pawelczyk recommended that the language in Condition #2 be included in the utility
Mr. Corbett had no objection to this request.
Mr. ~osenstock left the dais.
3
MEETING' MINUTES
PLAN NtNG& DEVELOPMENT BOARD
BOYNTONSEACHFLORlDA
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FEBRUARY 24, 1998
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Mr. Aguila questioned whether the Church isproposing.to rezone the property in thefutur $0 that it is
zoned oriecl9ssification. Ms. Heyden' advised that the City is not rflquiring such a rezoning, but will claah
this up as parfof the CompPlan amendments.
Motion
Mr. Aguila moved to'recommend approval of the request to abandon a portion of a 20.8.~ t wide aUey
south of the First United Methodist Church subject to staff comments. Mr. Dube seconded t motion that
carried 6-0. (Mr. Rosenstock was away from the dais.)
Mr. DuM recognized people in the audience wno were p~esent for Item #4, Palm Walk ACLF He pointed
out that these peopJe were not aWare of the fact that this item has been postponed~
Attorney Pawelczyk advis'ed that the board would have to take action on this item: However. e applicant
has requested a postponement of this apJjlieation until the meeting to be held on Wednesda. , March 11,
1998. Heannounc~dthatthemeetingWm beheld in~he West Wing Conference Room "C" at :00 p.m.
~;;;".-11!
Grand Park ALF of Boynton Beach
Gregory Miklos of Miklos and Associates
Norman J. Michael, Milnor Corporation.
Southwest corner of SW 13th Street and Gal Road
Request. for abandonment ofa utility sement on
'propertY located ,approximately 540 feet ast of the
southeast comer of Congress Avenue an SW 23rd
Avenue to be known as Grand Park of Boynt n Beach
Greg Miklos, 2263 Northwest Boca Raton Boulevard, approached the podium.
3.
Project:
Agent:
Owner;
Location:
Description:
Chairman Wische noted that there are no staff conditions for this application.
Motion
Mr. Aguila moved to recommend approval of. the request for abandonment of a utility ea ement on
property located approximately 540 feet east of the southeast corner of CQngress Avenue an SW 23rd
Avenue~to be known as Grand Park of Boynton. Beach. Mr. Dube seconded the motion thatrried 6-0.
(Mr, Rosenstock was away from the dais.)
Conditional Use
4.
Project:
Agent:
Owner:
Location:
Description:
Palm Walk ACLF
: Ehasz Giacalone Architects
Palm Walk Associates
SW 19th Avenue
Request for conditional use approval to cons uct a 48-
'bed Alzheimer care I iv/ng facility to be' kno n as the
Palm Walk adult congregate living facility.
Motion
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Mr. DuM moved to table Item #4 to the March 1.1 th meeting. Mr. Aguila seconded the motion t earned
6-0. (Mr. Rosenstock was away from the dais.) :
4
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MEETiNG MINUTES
PLANNINQ.&DEYELOPMENT BOARD
BOYNTON eEACH~ FLORIDA
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FEBRUA~Y 24, 1998
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8. OTHER:
None
9. COMMENTS BY MEMBERS
Mr. Aguila advised that he would remain a member of this board only through March. He i hopeful that
the members who'CQntinue on thIs board'think about variances more carefully and vote conSj!)tentJy rather
than emotionally.
10. ADJOURNMENT
Mr. Myott moved to adjourn the meeting. The motion was secorid~ and carried. ,The mee ing properly
adjourned at 7:28p.,m.
~, '-1. '. /.2. _ .. :.L
j' . III r~
j CJanet M. Prainito
r Recording Secretary
'! (One Tape)
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J I ~-2'3-~ 9*f
PLANNING AND DEVELOPMENT BOARD MEETING
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11 l,J111r., mJP \"1111 ,I 1 If.jtJ ,I Pl.; 1 .( ,) 1 t;Jjl' ]>)
. PRESENT
Lee Wische, Chairman
Tambri Heydenj Planning & Zoning Direct r
Michael Pawelczyk, Assistant City Attorne
Jim Reed, Vice Chairrnan
Stan Dubs
Mike Friedland
Maurice Rosenstock
Steve Myatt, Alternate -
Jos eAguila
ABSENT
Pat Frazier
1. PLEDGE OP ALLISGJANCE
Chairman Wische called the meeting to order at 7:05 PM. The Pledge of A egiance to
the Flag was recited.
2.fNTROOUCTIC,N OF$TA reREPRE$ENTArIVeAND DIRECTQRCDF
DEVELOPMgNTF~OM AUDIENCE.
Chairman Wische introduced the members of the board, Attorney Pawelc yk and the
Recording Secretary, and acknowledged the presence of State Repres. ntative Bill
Andrews and Director Kastarlak in the audience. (Mayor and Mrs. T lor arrived
approximately 7:20 and were acknowledged by Chairman Wische.)
3, AGENOAAPpROVAL
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PLANNING AND DEVELOPMENT BOARD MEETING
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c."W No additions, deletions, or corrections were made to the agenda.
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1.
Motion
Mr. Dubemoved to approve the agenda as submitted. Mr. Aguila seconded th motion,
which carried unanimously.
4' ,^,b'p,'nt"\\JA"" 0, 'F:ti',l'IN','TCC
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of"
No ad, oitions; deletions, or corrections were made to the minutes ofthe last mleting.
Motion
Mr. Dube moved to approve the minutes of the January 27, 1998 meeting as ubmitted.
Mr. Myottseconded the motion, which carried un~;mimous'y.
;" 5. ' " GOMM\..JNICAT10N$:ANO'ANNoUNCaM~N"'$
Ms. Heyden reported the following: Two of the five items from last meeting
through the City Commission process.; the other three will be going Tuesday
The two that have been finalized are the Shoppes of Woolbright PCD M star Plan
Modification and Shop pes of Woolbright ~ Home Depot Expo Design Center. Both were
approve by City Commission subject to comments from this Board. M'. Heyden
reminded the bpard of various issues that had been previously discuss such as
replatting, PCD subdividion, etc. .In 'further discussions with the appli ant, exact
information on. subcjividing this property was achieved. They will be cobining the
Home Depot parcel with the Expo Design Cellter. Regarding the 'control iss . es, staff is
requiring revised control documents (hdW:to maintain building, design starida' ds, etc.).
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Ms. Heyden announced that the March meeting will be. held on ednesday,
March';"11,-1998in'West Wing, Conference Room C.
Ms. Heyden had distributed handouts to the Board, including the agenda for special
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PLANNINGAND DEVELOPMENT BOARD MEETING
J... ~ ,...;
meeting on Thursday (workshop). She encouraged Board members to
meeting.
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Mr. Rosenstock suggested in the future that when regular meeting dates eed to be
changed that Ms. . Heyden cOhsuJtWith members of the Board to' ase rtain their
availability.
6~ OLD BUSINESS
None
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7"
NEW.13USINE$S
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Zoning Code Variance
'1\\" 'I\\'\) 1 ' 'I \"'Il"lll\ I "1111 ,. \ ",\llllJ,l<l 1'1 I.' 'Ii I,,}\
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~
Owner:
Location:
Boynton JCP Associates, Ltd.
301 N. Congress Avenue
Description:
Request for a zoning. code variance to reduce the numbe of
required parking spaces from 6,195 to 5,553 (a ratio of on (1)
(1) space per 222.225 square feet of gross leasable floor pace in
connection with construction of department store "F" (prop sed
Dillards )).
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At this time, Attorney Pawelczyk Swore in all those who planned to testify on ny item
on the agenda .this evening.
Chairman Wische opened the public hearing:
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PLANNING AND DEVELOPMENT BOARD MEETING
" ,
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Mr. Tom Sliney, Attorney for the owner of the Boynton Beach MaUaddresse the Board
. and .reiterated the request for a zoning' code variance as det~iled above" H reminded
the Boardth~t the City Commissionhad;previo.usJy~ppro~edthe dev~loprYI nt.planfor
the remainjng department stores. at the, mall, i~clLJding .the parking g rage. He
introguced memb~rs of !tie audience WinO were corineGted.withthe develb ment, and
oetailed some rea~of1s the, applicaflt was.~qu~:sti.,g,~he varianoean~:l whyi > should be'
approved. He"said the main rea'son was t.hat~he parking, garage. wou Id not be ,needed
and there. wa$,:pl~ntyofl parking .spa~.(ilnd~th~t:th~, existing ratio' of t::' OO.:\jVas an
:exce.~$i\l,e requirement f9r .~. rhaU:pf tbi$ $it~; . He' also mefltipned:eccmo' 'icpenefits
GOl1n~ct$~j Witl1; t~e:tIE:iw DiI1ard~., Jf1c~ij}f:1~f~~~s~~~ val~at!on .anctcity salstax. He
said,theowrier w0uld notw~nti.tomakeifdOOc;:ultforpeoplfHopark.'. , .
Mr. $I:iney..complirnented.<and thankedJh~ :city s~'ilff for ~helr ~eJp ,and assIst, nee on this
project, Mr."" .SJ!rIsy'. then,fotfOQ1ICE3d.Ntr;, TiQ1qthy ,Daley, 79Q8 Westfield 13oulevard,
Indianapolis, :IN who shOWed: pt~ur~s>t?f:~h.,e.:ptqPP$~,' Ditlar:o':s; Departmen Store and
t,he~rQPo~ed par:Rin~. area. ; H~ expl~~d h.O\lll>thn,~oJD€ls~p1':parking'are:' would be
cO':1struct~d:, andth~t there' :"I(V(ll:Jld' ':,pe ,ample' pa~K.ing available. He ,presented
back~rbu"d information -on DlIIClfds,and' how the: Pt6po~ed, :.stOr~ would e :hanoe the
Mall.
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At this point, Chairman Wische introduced Mayor and ,Mrs. T ayJor
Mr. Daley then introduced Mr. Tom Marsikano, of Tampa Florida, PI nner. He
mentioned his assQciation with the Boynt()n Beach Mall. He spokeabou how other
parking areas in Florida have been evolving over the years, and how today' standards
are different.
Chairman Wische then invited the public to address the Board.
".!
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Mr. Frank Vito, 3545 Old Boynton Road expressed his concerns about I
property space, and off-street parking. Jy1r.Aguila explained that the te
parking" as mentioned in a letter Mr. Vito had received was confusing,
referred to a chapter. The Board assured Mr. Vito that no off-street p
involved with this project
sing more
"off.street
nd that it
rking was
There being no other persons from the audience who wished to address he Board,
Chairman Wische closed the publiC hearing, and opened the meeting to com ants from
the Board.
Mr. Dub easked how other retail stores felt about the reduction in parking pace. Mr.
Daley replied that they were in the process of 'modifying the REA, and wer in contact
9
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PLANNING AND DEVELOPMENT BOARD MEETING
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~ with the other stores in order to come to an agreement with them.
Mr. Freidland referred to page 12 9f the handout, and mentioned that 'e saw no
problem with the project and that he woul.d . endorse it. Mr. Reed 'agreed, but was.
concerned abouHhe zonin'g codes. Chajrman Wische read page 3 ofthe ha dout, and
a brief discussion was held'with further input from the previous speakers,
Mr. Myatt, asked apout further expal'1~ion and, prQPosed renovation of the all. Mr.
Daly me'ntioned the mall would" unde:f~q renpvations in 1~99',. and detaiJesome. of
them 'for tne Board. He also mentioried.'thfl.t MSQy's has the legal right to e .. and to a
thirdl~vel; andthatlhe par~irtg variance wiH GQve{fhe:expcinsionshoulditocc r.
MOTION
Mr. Dupe moved to approve the. request for a zoning. code. variance to, r ,Lice the
number of required parking spaces from 6,195 to 5,553 (a ratio of one (1) pace per
200 square feet of gross leasable flool" space to. one (1) space per 222.225'5 uare feet
oLgrossleasable floor space jn connection withcoristruction of department store "F"
(proposed Dillards))~ (A brief discu~sion was held 'on the motion regardi zoning
codes, but 'no amendment was added ,to this motion). Mr. Aguila seconded th motion,
which carried unanimously.
~'T~
B. SITE PLANS
New Site Plan
Owner:
Location:
Norman J. Michael, Milar Corporation
Southwest comer of SW 13th Street and Golf Road
Description:
living facility, on 4.69 acre parcel of land.
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PLANNING AND DEVElOPMENT BOARD MEETING I
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Mr. Gregory, Miklos, AppUcant, Miklos &, A~sociates, 2?f33 NW Boynton ~oulevard
addr~ssed .the Boar?. 'Ghair(n~nWiS9h7 a~ked" Mn :'M ikl~s . Whic~ staff comrpentshe
was .In agr~em~nt with, and wh.c.h ones li1e needed to c1anfyor diSCUSS. .:In regards to
Item #21; Mr. Miklos asked iLthe city wanted 'fhemto .finish pavingthe'c r-de~sac.
Ms....;Heyden answer~d yes, that it was ,a city requirement that any.unimprov d ,street
~buttfng p'rRP~IDi,J~ein9 :deveJo:ped.m~st: be, cornpleted"'Jswalejnstan~d,S0 . ad and
paved). Mi. Miklos agreacfto comply. . .
Mr. Miklos,themaskec,J.. in:regards to. ,Item. #23 mentioned in a prior meetin that he
b~iey~djt,\,."i(a~ .agre~d;::tha.the w8sn't;going.tO.stripe.the road, butpainfthecu b in lieu
of striping. Ms. Heyden agreed.
; ,
In regards to #45, Mr. Miklos said he would ;provide colored elevations of all sides of
buildings8s .stipulated.
Chairf!lapyVische ()pened ~he public hearing at this time. Mr. Peter Ryland of 1311
SW-'g9 Aveli1ue adpr'essed ,the Board. He wasconcer~edabout the proposed building,
~md f~lt ~t~qS very I~rge in:comparison to the surrounding area. Mr. Ryland xplained
that an, obj~ction ,w~s voi~ed alqng with ~ gro!JP of, petitioners who stated that this
propb~ed: bu,i1ding was not?ri ACLF. He also spoke of the usage that iriclud d higher
levels ()fnursing cimtj staffing,: rtiedical waste pickups etc. He was also ncerned
aboutpot$ntial, ti-Jc~s and noise on the peripheral road along the canal. He also
mentioried~;objections to fenci:ng.Chairman Wische. thanked Mr. Rylan for his
comment$;and closed the public hearing.
The Boa~dspoke briefly about various issues; including the fact that the facili was in
fact an,ACLF,and :t~at nothing ithathadalready been .proposed and agreed u on was
being' cn!ElI'lged. Mr. :Aguila: sailfJ he felt residents would be better protected b a solid
wall. the applicant h~d agreed ~o all court ordered recommendations.
MOTION
Mr. Aguila. moved to apprqve the request for site plan approval to construct a 105 bed
assisted living facility OIJ 4.69 acre ,parcel of land on the Southwest corner ofW 13th
Street and Golf Road, including the revised comment #45 and with the clarifi tion on
comment #23 instead of the yellow diagonal striping wjth the words "Eergency
Vehicles Onl~ in the Joadingzone area, that the applicant would provide a pai ad curb
and appropriate signs. Mr. Dub eseconded the motion, Which carried unanimo Iy.
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PLANNING AND DEVELOPMENT SOARD MEETING
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None.
9. COMMENTS BY MEMBERS
None.
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to. ' 'AOdOURNJ\tlENT
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There being no further business to cOrne before the Board, Mr., Rosenstoc moved to
adjourn:the meeting at 7:45. PM. Mr. FriedlandsecQnded the motion wh h carried
unanimously.
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Mrsj. Huckle moved to appro!e the project, subject 'to staff
coments. She drew atteIitlon to the 26,400 square feet for
the building and asked Mr. Kilday if that numb,er of feet had
bee amended. Mr. Kilday replied that 26,400 is the correct
amo nt of square feet. Dr,. Jaekier seconded the motion, and
the motion carried 6...1. Mr. Ryder opposed the motion.
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MI~JTTES - PLANNING & ZONING BOARD
BO~TON BEACH, FLORIDA
I
JANUARY 12, 1988
ITE PLAN MODIFICATIONS
. project N;came:
Agent:
Own er :
Location:
Maey's ,at Boynton Beach Mall
~ndoipb Stauffer, project Architect
Ma.'ey':s New York, Inc.
West side of, North Congress Avenue,
between'Old Boynton ~oad' and the Boynton
(C-16) 'Canal '
Legal
Description:
See "Addendum P" attached to the original
copy of these minutes
R,eq:ue~t for approval of an amended site
plan_to allow for the qddition of a
2:22 ,624 square foot department store at
t,he,northeastcorner of the Boynton
Beach Mall
Descriptfon:
Mis ,Heyden told the Member,S this three story addition to
the mall will be loca,ted' ciose to tbe Jordan Marsh anchor
sto e,. When the - original .development of regional impact
(DR ) was proc~ssed,a maxlmum building height of 65 feet
and a maximum of 223 ;000; square feet were approved. The
sub'ect request reduced: th~.approved maximum square footage
by 76 square feet and slightly changed tne building foot-
pri t. The elevations subl11!t't:ed indicate 51 fe.et to the
roo top of the proposed: tb.trd floor. The third floor will
be onstructed in a later phase.
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Heyden said the actual building height is 65 feet,
h. includes. the para:i?~t, the cooling tower screen, and
skylight peak. D~e to the slight change in the building
print, specifical~y the ten foot decrease in width and
leven foot increase in depth, 18 parking spaces are lost.
ethe parking reqllired by ,Macy's was constructed at the
the mall parking, lot was built and since there is
elltly an 18 space: suit'PJ.us, Miss Heyd~n said the addition
acy1s will bring the'total number of existing spaces
to the required number of spaces.
Joh Gregor,ski t Architect, GSGSB, P, O. Box 244, Berens
aui ding, Clark Summit,- Pennsylvania 18411, told Mr. Ryder
- 28 -
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I
I
MINpTES - PLANNING & ZONING BOARD
BO~TON BEACH, FLORIDA
JANUARY 12, 1988
other than the site plan ,and build~ng footprint, they
not have a plan. He said the original devel'oper draw-
:had a building somewhat wider but shorter in the
erly direction. Mr. Gregotski assured Mr. Ryder that
had plans d~veloped, but they were not here. The final
s indicate that the building shrunk and expanded by
en feet . When that. happeped, it pushed the fir.e lane
en feet out, so they lost, ,tl1e parking ,that was there and
rbed some of the surplus that was in place.
Heyden said the building will be constructed primarily'
qncrete blockm~soniY' .walls tinted a, buff color with a
ish' brown clay 'tiLe roof..' Photographs were circulated
g the Members,' whi.-ch indicated that the building will
h the existing mall.
TRB recommended approv,al of the request, subject to staff
ents, attached as Adderida Q-l through 0.-3 to the origi-
copy of these min'utes~'
Cha rman Trauger inquired about the height of the building.
Mr. Gregorski answered that it will be 51 feet to the high
t of the roof plus another 14 feet for any appendages
might be created on top of that.
Mayor Marchese asked what the initial maximum height
d be to the very top, if th,eywere going to build it
y. Mr. Gregorski answered that it would be a total of
eet to the top of the cooli~g tower screen. Mrs. Huckle
ered if exceptions were already granted. When the mall
ann'exed into the City, Mr.. Annunziato said there was
ern about the ability of this store to be able to
truct a three story faqility because department stores
very peculiar kinds of, height requirements owing to the
s of mechanical equipment t~at they have. At that time,
the original site plan was! approved, Mr. Annunziato said
ewas a height exception appro~ed by the City Commission
llow for up to 65 feet for three stories to accommodate
building, which at that ,time had not been formally
ned. The application for tpe Board was consistent with
height except ion previously approved..
ss he misunderstood or misread the comment from Kevin
ahan, City Forester, it appeared to Mr. Gregorski that
Hallahan was requesting a decision from the Board.
Annunziato thought tbe comment should be referred to the
unity Appearance Board, who: will be reacting to the plan
hursday, January 14th.
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MINPrES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
'i;.:;...,~. .
JANUARY 12, 1988
I
Mr .l' Grego.:r:Ski. . stated th.at t. hey read the other st.aff comments
and founo. n<:> problem. ,with them. ~etold Chairman Trauger
the hope to open. in Oc,t.ober of 1989. Mr. Ryder asked if
the e would' bea re,staurant. Mr. Gregorski answered that.
the would, not have.a restaurant.
.~~
Mrs. .Huckl~ moved to,appr,ov~ the request,. subject to staff
comeilts. VioeChairmaX'l, :Wapde,l:t . seconded the motion, and
thelhot'iori carried 7-0.'
/",'''--,
\"., '
project ,Name:
Agent:
Own er :
Location:
Great Western Bank
Lou,Walton
Gre'at Western Bank
West side 'of North Congress Avenue,
north of Old Boynton Road
Legal
Description:
See IlAdq,endum RIt attached to the original
copyofthe$e minutes in the office of
the City Clerk
Request for ;approval of an amended site
plantq aflow for the addition of an
automatic <teller machine
Description:
Mis Heyden said the Great,Wes,tern Bank is an out parcel to
the Boynton Beach Mall and,: is:adjacent to Lionel Playwor Id
on 'ts north boundary and is t:he southerly most mall
ent ance off of Congress iAv,enuje. Great Western is request-
ing approval to install an,autiomatic teller machine (ATM) on
the northern ,side of theexist::ing building. Minor changes
to he elevation include remov;al of two existing glass doors
to ccommodate' the ATM, r:eiocation of these doors to either
sid of the machine, and tAe~dition of new aluminum frame
gla s panels and blue ti1,etomatch the existing material.
All other elements of the site: plan remain the same.
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S".
ographs were distributed, ~howing the existing building
where tne ATM wil~ belocajted. The TRB recommended
oval, subjec,t to the cqmment from the Police Department
ched to the original copy of these minutes as "Addendum
Ryder moved to approve the request, subject to the
ent from the Police Department. Vice Chairman Wandelt
nded the motion.
1''''',
Lou Walton, Agent, 2601 -10th Avenue North, Suite 404, Lake
Wor h, Florida, was ,in agreement with the staff comments.
A v te was taken on the motion, and the motion carried 7-0.
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. EX#/.6/r r1
2000 Glades Rmd Albany
S~ 400 Boca Raum
Boca Ratou. PI. 33431~8599 B1IjfakJ
561-394-0500 BOCA RATON New York
561-736-2177 PALM BEACH Rochester
954-764-2440 BROWARD Mississauga
PAX: 561.394-3862 (Toronto)
EMAn.: bocal.iw@hodgson-tla.ccmail.compuserve..com
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HODGSON RUSS
ANDREWS
r-"P WOODS &
GOODYEARLLP
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ATTORNEYS AT l.AW
Susan K. Baumel, P.A.
LawrenqeF. Beyer
C.e. Conah;m..eA
!.any Connan, P.A
Anthony 1.. Dutton. fA.
Ricb8Id A. Goetz. EA.
Micbael H. Gem. P.A
James M. Hankins. P.A.
Paul R Roman
Thomas B. Sliney, P..A,.
lames A. Porter. P.A .
Of Connsel
ItESIlmN'1' IN NEW ~ORK
Paul R.Comeau
Mark S. Klein
Stephen M. NeWJllllJl
July 2, 1997
Tambri J. Heyden
The City of Boynton aeach
200 N. Seacrest Boulevard
P. O. Box 310
Boynton Beach,Florida 33425-0310
Dear Ms. Heyden:
rl~
Re: Boynton Beach Mall
Department Store IIFI'
Fi~e No. NWSP 96-001
Locati~n: 301 N.Conaress Avenue, Bovnton Beach
This firm represents the Owner of the Boynton Beach Mall. As
you recall, I processed the application for the above-referenced
Development Order/Site Plan Approval.
My client respectfully requests a one year time extension
for building permit issuance for the Project and Development Order
and would show the following grounds for the request:
1) There has been a merger/reorganization of the
developer of the Boynton Beach Mall since the Site
Plan Development Order was approved.
2)
Although the Site Plan Development Order was heard
by the City Commission on May 17, 1996, the City
Clerk did not issue the Order until June 5, 1996,
and the City communicated the Site Plan Development
Order to me on June 19, 1996. I did not receive it
until June 24, 1996. I contacted you before June
24 of this year requesting an extension. (I
enclose copies of the correspondence.)
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fA Registered Limiled liability Partnership Including Professional Associations
~ ..
,..HbDGSON RUSS ANDREWs WOODS & GOODYEAR=
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3)
Dil.1ard's, which was the company that was to occupy
tb;e sixth depart1llEmt $tore, was able to mOVe into
the vacated Mervyn's store.
4)
This project is
Order adopted by
years Cuntil
construction .'
subject to a D.R.I. Development
the City Commission that allows 2
February, ~998) to commence
5) The prospective department store for the liP" site
urgently needs to begin construction of the sixth
department store at the Mall..
6) There are no changes requested at this time to the
Site Plan or the conditions for development as
adopted .by the City Commission and my client will
proceed under the approved Site Plan.
I enclose the $400.00 application fee and request that
this be placed on the TRC Agenda for July 15 and Planning and
Development Board meeting for July 22, 1997.
,.....~.:~
As we discussed with Mr. Hallahan, my client has already
put the wheels in motion to comply with Conditions 17, 18, 19, and
~t~"" 24.
The addition of this new store will greatly enhance the
position of the Boynton Beach Mall in the South Florida market and
preserve its standing as a premier regional mall. My client is
proud to bring this opportunity to the City of Boynton Beach.
Thank you for your prompt response. My client looks
forward to continuing the professional relationship you have always
extended in the past.
Very truly yours,
C.C. Conahan, P.A., Partner
By:
Cormac C~ Conahan
~ ((JL
CCC:cs
Enclosure
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I : 76434
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EXIllBIT "B"
Conditio~ of AQpi6val
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Project name: Boynton Beach Mall- Department Store "F"
File number: SPTE 97-004
Reference: Letter ofreauest for site plan time extension dated Julv 2. 1997. File # SPTE 97-004 with a Julv 2.
1997 Planning andZonine Deparbnent date stampmarkini.!~- . '
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DEPARTMENTS INCLUDE RElECT
PUBLIC WORKS
Comments: None
UTILITIES
Comments:
1. Department of Health pennits shall be required for the water and sewer ,V
systems serving this project. (Sec. 26-12)
2. . A capacity reservation fee shall be due for this project upon my request for
signature on the Health Department application forms or within 30 days of
site plan time extension approval, whichever occurs first. This fee shall he
determined based upon final meter size. (Sec. 26-34(E)). The past due t/
reservation fee for the curr-ent year is also due at this time. We request that
this fee also be paid within the specified time frame. Failure to pay this fee
in a timely manner will result in withholding of concurrency approval, and
voiding of the site plan extension.
3. Water and sewer lines to be owned and operated by the city shall be V
included within utilities easements. Show all proposed easements on the
engineering drawings, using a minimum width of 12 feet. The easements
. shall be dedicated via separate instrument to the city. (Sec. 26-33 (a))
4. City water may not be used for irrigation where other sources are readily V
available. Please indicate the proposed irrigation water source. (Comp
Plan policy 3C.3.4) ,
5. Provide a minimum of ten (10) feet from center of a utility pipe to ally V
structure or appurtenance. Unobstrocted access to utility facilities must be
provided. (Sec. 26-33 (b))
6. The Utilities Department requests a meeting with the applicant's design V
engineer to discuss utility relocations and Health Department pennit
applications.
FIRE
Comments: None
POLICE
Comments: None
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Boynton Beach Mall- Department Store F
File No. SP'IE 97-004
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ENGINEERING'DIVISION
Comments:
7. Recommend a one time only, 12 month extension. The extension is subject
to the most current set of Land Development Regulations at time of permit V
application.
, .
BUILDINGDMSION
Commen~~ None
PARKS AND RECREATION
Comm~nts: None
. FORESlERlENVIRONMENTALIST
Comments; None
· PLAmffi'fG AND ZONING
Comments: None
ADDITIO~AL PLANNING AND DEVELOPMENT BOARD CONDITIONS
8. NONE
; ADDITIONAL CITY COMMISSION CONDITIONS
9. To be determined. #dN'e
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DEVELOPMENT'ORDER '
CITY OF BOYNTON BEACH, FLORIDA
, PROJECTNAME: Boynton Beach Mall- Department Store F
r''''''i APPLICANT:
APPLICANTS AGENT: Cormac C. Conahan
AP PU CANTS ADDRESS: 2000 Glades Road, Suite 400, BoeaRaton, FL 33431-8599
DATE OF HEARING BEFORE CITY COMMISSION: August 19, 1997
TYPE OF RELIEF SOUGHT: Site Plan Time Extension
LOCATION OF PROPERTY: 301 N. Congress Avenue
DRAWING(S): SEE ExHIBIT "A" ATTACHED HERETO.
THIS MATTER ~me ontQ be heard before the City Commission of the City of Boynton
Beach, Florida on, the date of hearing stated above. The C,ity COlTlmission having consideredihe
relief sought by the; applicant an~ hE!ard testimony from the applicant, members of city administrative
staff and thepubtic finds as follows:
r:-:~:':.'1'1
"I'",
5.
6.
7.
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development RegUlations.
2.
The Applicant
,/ HAS
HAS NOT
3.
established by substantial competent evidence a basis for the relief requested.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "8" with notation "Included".
4.
The Applicant's application for relief is hereby
, .r GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
Other
r='" DATED: a~~ r.:r~ /t'f11?
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'.-!' J:\SHRDATA\Planning\SHARED\WP\PROJECTS\SBMALL\SPTE\OEVElOPMENT ORDER.doe
/3
N1EETING MINUTES.
REGULAR~lTYCOMMISSION
BOYNTON BEACH, FLORIDA
AUGUST 19,1997
r."F-':T\
I This item was removed from the Consent Agenda for discussion.
"".,~..!"....
I. Approve' request for Boynton MO~ile Village for Community Design Plan Appeal
J. Approve request for Palm Walk ACLF for conditional use time extensionl concurrency
time extension .
K. Approve request for master plan modification for the Shoppes of Woolbright PCD
This item was removed from the Consent Agenda- for discussion_
, .
L. ~ppr<?ve requ~st for master plan modification for Melear PUD
M. ApprQve request for new site plan for ARC (American Retirement Communities) at
Boynton Beach
N. Approve request for new site plan for Woolbright Medical Office
This item was removed from the Consent Ag!3nda for discu~sion.
O. Approve site plan time ex~nsion for B,oynton Beach Mall-Department Store F
P. Approve funding fOr City 1;1 all Information/Site Sign in the amount of either $10,000 or
$25,000
r::nr."I.
Q. Approve request for refun~ on Mausoleum Crypt #E-9, Benediction Building, Section
8,Boynton Beach Memo.;al Park purchased by Rosadee Wright
R. Approve request for refu,.d on :Cemetery Lots 10 & 11, Block J, Boynton Beach
Memorial Park, purchased:by Louise L. Carver
S. Authorization to turn finalIzed utility accounts with uncollectible balances to 3131/97
over to collection agency .
Motion
Commissioner Tillman moved to approve the Consent Agenda with the exception of Items "H", "K", and <IN",
Commissioner Jaskiewicz seconded the motion which carried 4~O.
H. Approve request for Shafiqul Islam fora variance to the Land Development
Regulations, Chapter 2,! Section 5.C.2a. to allow an increase in the height of a
proposed single-family home'to 36' from the maximum 25' allowed
Commissioner Jaskiewicz reported that she: attended the Planning & Development Board meeting when this
issue was addressed. After the meeting,.. she inspected the area and feels this request would be very
appropriate_ Thissite is located on the Intracoastal where very iarge homes already exist. She does not feel
the structure will block anyone's view. It is her opinion that the board was too stringent in requiring the
applicant to stay within the 25' limit for a luxUry home and she reca/Jed that the applicant was willing to go to
30'. It appeared to Commissioner Jaskiewicz that s6me of the existing homes are higher than 25', She feels
this request should be given reconsideration, and she is hopeful it will not be denied,
.er.=.r~
Attorney Cherof advised that the applicant has requested a postponement of this item. He suggested this
item be tabled.
, "
5
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I
RESO~UTION R96-~6
A RESOLUTION OF ~HE CITY COMMISSION OF
THE CITY OF BfYNTON BEACH, FLORIDA
AMENDING A PRIOR BOYNTON BEACH MALL DRI
D. ,EVELOPME, NT ORDE~' ADOP,T, ED ON, NOVEMBER
16, 1992, AND FUR, ER AMENDED ON DECEMBER
19,,1989 AND . CH 5, 1991, MAKING
FINDINGS, AND I CONCLUSIONS OF LAW
PERTAINING TO TH BOYNTON BEACH MALL, A
DEVELOPMENT OF REGIONAL IMPACT, AND
CONSTITUTING THS RESOLUTION AS A
DEVELOPMENT ORDEBY THE CITY OF BOYNTON
BEACH ,'IN COMPLANCE WITH LAW; AND
PROVIDING AN EFFETIVE DATE.
WHEREAS, Boyrtton-JCP ssociates, Ltd. ("Applicant") has
had a Development Order he" Original Development Order")
approved by the Board of unty Commissioners of Palm Beach
County ("Resolution No. May 7, 1974 which was
adopted by the City on 1982; which permitted
1,244,449 square feet of g
leasable area; and
1,108,000 square feet of gr ss leasable area; and
WHEREAS, the Developm nt Order was amended on December
19, 1989 and further amen
on March 5, 1991 permitting
WHEREAS, Applicant ha filed a Notice of Proposed Change
to a previously approved Development of Regional Impact
("Notice of Proposed Change") with the City of Boynton Beach,
Florida, in accordance with Section 380.06, Florida Statutes;
and
WHEREAS, oposes to construct a total of
1,244,449 square feet of onunercial retail gross leasable
space on the real propert whose legal description is set
forth in Exhibit the City of Boynton Beach,
Florida; and
WHEREAS, the City Co as the governing body of the
City of Boynton Beach havin jurisdiction, pursuant to Chapter
.
F='l
Proposed Change and has heard and considered the testimony
taken thereat; and I
I
WHEREAS, the APPlicatt shall submit a Site Plan which
shall comply with all ordir. ces and requirements of the City;
and
WHEREAS, the City Co~ssion has received and considered
the recommendations of thi Treasure Coast Regional Planning
Council; and I
i
WHEREAS, the City ctmmission has made the following
Findings of Fact and Concl sions of Law.
I
I
FIND1NGS OF FACT
1. The proposed Dewelopment is not in an Area of
I
Critical State Concern designated pursuant to the provisions
I
of Section 380.06, Florida I Statutes;
2. The State of Jlorida has not adopted a land
development plan applicable to the area in which the proposed
,=-'""'
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I
I
Development is to be locatrd;
3. The proposed Detelopment is consistent with the
report and recormnendationf of the Treasure Coast Regional
Planning Council submitte1 pursuant to Section 380.06(12),
I
I
4. The proposed De~elopment is consistent with the
local comprehensive plan,ll. zoning and development laws and
regulations of the City. ,
I
5. The Notice of profosed Change does not constitute a
substantial deviation from jhe previously approved Development
Order. I
6. The premises are ~orrect and hereby accepted by the
I
Florida Statutes;
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~
Development of Regional Impact Application for Amended
I Development
I
Approval approved March 5,
replacing the conditions,
1991 is hereby
modified,
by
restrictions and
limitations under the headings IICONCLUSIONS OF LAW II and
"CONDITIONS OF DEVELOPMENT ORDER AS AMENDED II set forth in
Resolution R9l-37 with the following conditions, restrictions
and limitations:
Application for Development ~pproval
1. The Notice of Proposed Change by Boynton-JCP
Associates, Ltd. is incorporated herein by reference and
relied upon by the Parties in discharging their statutory
duties under Chapter 380, Florida Statutes. The Applicant is
Boynton-JCP Associates, Ltd. and shall hereafter include the
successors and assigns of Boynton-JCP Associates, Ltd.
Substantial compliance with the representations contained in
the Notice of Proposed Change as modified by the terms and
conditions herein is a condition of approval. For purposes of
this condition, the Development Order shall include those
matters submitted in the. Notice of Proposed Change to a
previously approved Development of Regional Impact dated
September 13, 1995 and revised December 1995.
Commence~ent and Progress of Development
2. Failure to initiate construction and physical
development within two years from the effective date of this
Resolution or failure to maintain reasonable progress toward
completion of the development after having initiated
construction in a timely manner, may constitute a substantial
deviation and the development shall be submitted to further
review pursuant to Section 380.06, Florida Statutes.
Construction shall be deemed to have been initiated and
Termination Date
3. This Development Order shall terminate on December
31, 2010 unless extended by the City Commission.
Nothing
herein shall limit or extinguish any vested rights of the
Applicant, its successors or assigns regarding the existing
r""'l
square footage of gross leasable area of the existing Boynton
-,"
Beach Mall.
CONDITIONS OF DEVELOPMENT ORDER AS AMENDED
1.
Except
as
specifically
amended herein,
all
conditions specified in the Original Development Order
(Resolution No. R-74-343) and subsequent amendments to the
Development Order for Boynton Beach Mall shall remain in full
force and effect.
2. Prior to issuance of a Building Permit for
construction of additional square footage pursuant to this
Amended Development Order, the Applicant shall cause the
preservation as a native habitat preserve in perpetuity of
r7_~
I
I
that area described as "Limits of Pine Area II shown on Exhibit
-- '
"I" in the northwest quadrant of the site by recording
appropriate Restrictive Covenants which, prior to recording,
shall be approved by the Treasure Coast Regional Planning
Council and the City of Boynton Beach.
3. Prior to commencing construction activity within the
parcel containing the area to be preserved, (described by
II Limi ts of Pine Area II shown on Exhibi t 11111), the preserve area
shall be temporarily fenced or otherwise delineated to p~event
construction equipment from entering the area.
4. All Brazilian pepper, Australian pine, and Melaleuca
on the site (including within the Limits of the Pine Area)
f-"r:TCtI
shall be removed within two years after the effective date of
accordance with the plan attached as Exhibit "1".
6. A. The use of grassy swales to pretreat runoff
before conveying any runoff to the detention ponds shall be
utilized in the new parking lot additions, (and the parking
lots shall be swept weekly) as shown on the Site Plan (Exhibit
F"""""-'
II 2" ) .
" .
B. Littoral zone planting shall be established
around the existing detention ponds utilizing native woody
species. Prior to construction and planting of the littoral
zones, the Applicant shall prepare a design and management
plan for the littoral zone to be reviewed and approved by the
Treasure Coast Regional Planning Council in consultation with
the City of Boynton Beach and the South Florida Water
Management District. The Plan shall (1) include a Plan view
and site location; (2) include a typical cross section of the
detention pond; (3) specify how vegetation is to be
established within the littoral zones; and (4) provide a
description of any monitoring and maintenance procedures to be
followed in order to assure the continued viability and health
of the littoral zones. No Certificate of Occupancy shall be
issued for any additional square footage constructed pursuant
to this Development Order until the Plan is determined to be
consistent with the Regional Plan. Wherever possible a
minimum of ten square feet of vegetated littoral zone per
linear foot of shoreline shall be established so that a least
sixty percent of the shoreline has a vegetated littoral zone.
Alternate design may be necessary due to physical constraints
inherent in retrOfitting these existing detention ponds. The
littoral zone shall be in place prior to the issuance of a
Certificate of Occupancy for any additional square footage to
~~;~
f'~:-'--"-",
Development Order, until the developer shall prepare a
hazardous materials management plan for the expansion and the
plans have been approved by the Treasure Coast Regional
Planning Council and the City of Boynton Beach.
The plan
shall:
rr"'l';,.....,
A.
Require disclosure by tenant of all hazardous
materials proposed to be stored, used, or generated on the
premises;
B. Provide minimum standards and procedures for
storage, prevention of spills, containment of spills, and
transfer and disposal of such materials;
C. Provide for proper maintenance, operation, and
monitoring of hazardous materials' management systems,
including spill and containment systems;
D. Detail actions and procedures to be followed
in case of an accidental spill;
E. Guarantee financial responsibility for pill
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clean-up; and
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F. Require the inspection of premises storing,
using, or generating hazardous materials prior to commencement
of operation and periodically thereafter, to assure that the
provisions of the plan are being implemented.
9. No building permits for gross leasable space J.n
excess of 1,108,000 square feet within the Boynton Beach Mall
shall be issued until all right-of-way within the project
boundaries have been dedicated, free and clear of all liens
and encumbrances, to the City of Boynton Beach or Palm Beach
County as necessary and consistent with the Palm Beach County
Thoroughfare Right-of-way Protection Plan.
No further
~:~
dedications are necessary to implement the Proposed Change.
No Certificate of Occupancy shall be issued for the
Boynton Beach Mall for gross leasable space in excess of
1,108,000 square feet until the improvements under A above
have been completed. With respect to the construction of the
roadway improvements, if the Treasure Coast Regional Planning
r-"
i
Council (hereinafter the "Council") makes a change in its
adopted Regional Comprehensive Policy Plan (hereinafter the
"Plan ") which does the following: (i) modifies its Level of
Service standard for the Regional Roadway network; or (ii)
modifies the methodology utilized to calculate the adopted
Level of Service: or (iii) modifies the method of calculating
background traffic, such that if this proposed change were
being reviewed under said modified policies none of the above
roadway improvements would be required to maintain the
Regional Roadway Network at the then applicable Council Level
of Service through project buildout, then this condition will
be terminated without further action by the City Commission or
~~-'-;;;'l!
the Council.
11. No Building Permits shall be issued for the Boynton
Beach Mall for gross leasable space in excess of 1,108,000
square feet until contracts have been let to construct to the
following
intersection
configurations,
including
signalizations modifications as warranted by City, County or
State criteria:
A. Hypoluxo Road/Congress Avenue
Northbound Southbound
one right-turn lane one right-turn lane
two through lanes two through lanes
one left-turn lane one left-turn lane
p;.;,~ Eastbound Westbound'
two through lane.s one through lane
one left-turn lane one left-turn lane
Eastbound Westbound
one right-turn lane one right-turn lane
one through lane two through lanes
one left-turn lane one left-turn lane
c.
Old Boynton West Road/Congress Avenue
Northbound Southbound
one right/through lane one right / through lane
two through lanes two through lane
one left-turn lane one left-turn lane
Eastbound Westbound
one right/through lane, one right/through lane
one through lane one through lane
one left-turn lane one left-turn lane
D. New Boynton Beach Boulevard/Congress
Avenue
~~ Northbound Southbound
one right-turn lane one right-turn lane
three through lanes three through lanes
two left-turn lanes two left-turn lanes
Eastbound Westbound
one right-turn lane one right-turn lane
three through lanes three through lanes
two left-turn lanes two left-turn lanes
E. New Boynton Beach Boulevard/I-95 West
Northbound Southbound
Not Applicable one right-turn lane
two left-turn lanes
~.-:-'
Eastbound
WeRtbound
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Eastbound
Westbound
two through lanes
one right-turn lane
three through lanes
one left-turn lane
All configurations shall be constructed and permitted ln
accordance with City, County and State criteria.
No Certificate of Occupancy shall be issued for the
Boynton Beach Mall for gross leasable space in excess of
1,108,000 square feet until the improvements under A through
F have been completed. With respect to the construction of
the intersection improvements,
(including signalization
modifications) if the Treasure Coast Regional Planning Council
(hereinafter the II Council II ) makes a change in its adopted
Regional Comprehensive Policy Plan (hereinafter the "Plan")
which does the following: (i) modifies its Level of Service
standard for the Regional Roadway network; or (ii) modifies
the methodology utilized to calculate the adopted Level of
Service; or (iii) modifies the method of calculating
background traffic, such that if this Proposed Change were
being reviewed under said modified policies none of the above
intersection
improvements
( including
signalization
modifications) would be required to maintain the Regional
Roadway Network at the then applicable Council Level of
Service through project buildout, then this condition will be
terminated without further action by the City Commission or
the Council.
12. Prior to, or upon issuance of a building permit for
the additional square footage, the Applicant shall pay a fair
share contribution consistent with the Fair Share Impact Fee
Ordinance applicable to the Boynton Beach Mall Proposed
Change.
F"-:<.-::"1
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accommodate a specified amount of additional Boynton Beach
Mall generated traffic and growth in background traffic beyond
two years after the effective date of this Resolution and
still be maintained at Level of Service C during annual
average daily traffic and Level of Service D during the peak
season, peak hour conditions. The traffic study shall:
A. Be conducted in the peak season (January-March); and
B. Identify the improvements and timing of those
improvements necessary to provide Level of Service C under
annual average daily traffic conditions and Level of Service
D under peak hour, peak season conditions for the subj ect
transportation network during the projected completion of the
project, including project impacts and growth in background
traffic.
Additional building permits shall not be issued until a
new project phasing program and roadway improvement program
(necessary to maintain Level of Service C annual average daily
and Level of Service D peak season, peak hour operating
conditions) has been approved by Palm Beach County, the City
of Boynton Beach, and the Treasure Coast Regional Planning
Council for the remainder of the development.
BE IT FURTHER RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
1. Any modifications or deviations from the approved
plans or requirements of this Development Order shall be
submitted to the Planning Director fo'r a determination by the
City Commission of the City of Boynton Beach as to whether the
change constitutes a substantial deviation as provided 1n
Section 380.06(19), Florida Statutes. The City Commission of
the City of Boynton Beach shall make its determination of
; ~......
responsibility' for monitoring the development and enforcing
the terms of the Development Order. The Planning Director may
require periodic reports of the Applicant with regard to any
item set forth in this Development Order.
3. The Applicant shall submit an annual report as
required by Section 380.06(18), Florida Statutes. The annual
report shall be submitted on the anniversary date of the
adoption of the Development Order and shall include the
following:
A. Any changes in the plan of development, or in
the representations contained in the Application for
Development Approval, or in the phasing for the reporting year
and for the next year;
B. A summary comparison of development activity
proposed and actually conducted for the year;
C. Undeveloped tracts of land that have been sold,
transferred, or leased to a successor developer;
D. Identification and intended use of the lands
purchased, leased or optioned Py the Applicant adjacent to the
original site since the Development Order was issued;
E. An assessment of the Applicant I s and local
Government's compliance with the conditions of approval
contained In this Development Order and the commitments
speci fied In the Application for Development Approval and
summarized In the Regional Planning Council Assessment Report
for the development undertaken;
F. Any request for substantial deviation
determination that was filed in the reporting year or is
anticipated to be filed during the next year;
G. An indication of a change, if any, in local
!'",-;;--~.
I. The annual report shall be transmitted to the
City of Boynton aeach, the Treasure Coast Regional Planning
Council, . the Florida Department of Cormnunity Affairs, the
Florida Department of Environmental Protection, and such
additional parties as may be appropriate or required by law;
J. A copy of any recorded notice of the adoption
of a Development Order or the subsequent modification of an
adopted Development Order that was recorded by the Developer
pursuant to Subsection 380.06(15), Florida Statutes; and
K. Any other information required by the City
Commission of the City of Boynton Beach or the Planning
Director to be included in the annual report.
4. The definitions found in Chapter 380, Florida
Statutes shall apply to this Development Order.
5. The City of Boynton Beach hereby agrees that before
December 31, 2010 the Boynton Beach Shopping Mall Development
of Regional Impact shall not be subject to down zoning, unit
density reduction, or intensity reduction, unless the City
demonstrates that substantial changes in the conditions
underlying the approval of the Development Order have
occurred, or that the Development Order was based on
substantially inaccurate information provided by the
Developer, or that the change is clearly established by the
City of Boynton Beach to be essential to the public health,
safety, or welfare.
6. This Development Order shall be binding upon the
Applicant and its assignees or successors in interest. It is
understood that any reference herein to any governmental
agency shall be construed to mean any future instrumentality
which may be created and designated as successor in interest
("'------,1
I:
State, and federal permitting requirements.
8. In the event that any portion or section of this
Development Order is deemed to. be invalid, illegal, or
unconstitutional by a court of competent jurisdiction, such
decision shall in no manner affect the remaining portions or
,~1
i
sections of this Development Order, which shall remain in full
L_._
force and effect.
9. This Development Order shall become effective
immediately upon adoption.
10. Certified copies of this Development Order shall be
transmitted immediately by certified mail to the Department of
Community Affairs, the Treasure Coast Regional Planning
Council, and Applicant.
PASSED AND ADOPTED in a public hearing held on this the
A.o day of hf3R.u.AR.I-I , 1996.
F"'''.'
O~h City Commission
Commissioner
Attest:
~99c~jfU~
C~ y Clerk
BBMallAm.Dev/or~r
2/15/96
~
,EXHIBIT' "A"
BOYNTON BBAClf HALL
116.364 ACRES
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A traot: of 1;anel located'. In aeat'lon 19,.' Township .5 South,
Range 43 Eaa t, County of 'al", Beaoh, Flot" lelA arid furth....
described A8 to110~sl
B~gln.rling At. the Southeast corner ot Section 19, 'res 8, R432,
thence " 00. 59' 39". H along the East line of .'ald. SectIon
19, A dlastAnae' at 1098.10 teet to 'A poInt,. thence Sa,. ,00'
llll W,A dlatAnaQ ot 60.00 laat to 'A polnt on tha w..t..i.!y
right-ot-way lina of Conqr.ela Avenue, SAid point also baing
thepe lnalpal poInt anti place of begInn lnq at tho to llowlng
descrlptibn.
"
Thoneo S 80- OS' 26- H, A d1stanoe of 846.73 teet to a point,
thence S -43. 32' 54" H, a di. tanee ot 57.02 teet to . point,
t~Qn~~H' S 00.59' 3'" E, a dlstance ot 250.27.teat~toA po'1nt,
thenca B 16- 46' 4'L2" S, A dlatance of 199.60 teot t.o A
point, thence S 00- 59" 3.911 S, A dlstance .of 102.20 teet to A
point, thenoo S .4- .6' ]411 S, A dls~Ance of 1...5 toet to A
polnt on tbo northerly rlght-oC-WAY 11no at Boynton Ha,t ROAd
(tormerly old Boynton Road., thence H09. .up ]4N H, Along
said porthQr:ly line, a distAnce of 168. .25 feet to A poln.t,.
thence " 00. 51' 51 N 1'1, A dieta.nce af 1228.05 teet to A
poInt, thence H 81- SOl 21" B, ~ distance at 52.]4 to.t to A
poInt, thana~ 227.11 tae~ 410n9 ~ curve to thel.t~, having A
rAdius at 1,(5.00 feet and a chord at 205.06 teet, b..r:ln9 II
42- 58' 2111E, to ~polnt, thlllncie It 2. 011 J9" H, A .ell.taneo
of 2J.61 tea~to A poInt, thance 134.54 teet along ~ curve
to the l' Ight, bAY Ing a rAdius of 2"0.00 teot.An,d A chol'd ot
132.10 feet', beArIng N 1..,01' 53.S" E to A polnt. thence
23.. .51 feet Along A curve to the lett,' havLng a cad lu. at
. 320.00 teet.. and.a chord ot 2:U.J6 feet,bearlnq H ,. OS' 2611
E to a poInt) thence" 11' .541 3." H, A distance ot 10.00
teet to A pplnt, th~nce' 2'''.96 teet, along A. curva to tha
right, hay In9. A cad Ius at ]25.00 tea t And a ~hocd at 28~. 9..
feet, bOAting HI.... OS'" 26" B to A point, thence 293.22 teat
Along a ~urv, tp tho latt, having A cadlus'ot 420.00 teat And
A ohordal 2i81. 30 feet, beAr lnq It 20. OS' 26 N E to A po IRt,
tbenca H 00.. 05' 26 II S, a dls tanqe of 145'.. 00 feat to A point I
'thence It 80. OS' 26" E, a distAnce of 1730:." teet to A
PQln~, thence S 00. ~9r 39. B, a distanco at .'2.86 feet to a
po!ln it, thance II 00. OS' ~'''B, A dl. tanCQ of 328.81 t.et to A
poilnt on the We.terly l1ne otconc;Jre.I' Avenue:, ~h'ance 8 00.
,5~:.'.. ?911~f al~.ng sald Westerly. ~!n~/. a.. d.lstanceof 130.01 teet
to A point, thenae H 4'- 21' OSN tI, A distAnca ot 56.11 teet
t.o A poInt, ~he'l}co S 80- OS' 26" H, a. distance of .30.00 teet
to A point, thalaica S 00. 59' 39" S, A dllJt~ilce of '09.9.' .toet
to A point" theine. N 80- OS' 26" S, A distance o~ 430.00 t..t
to' A, point, thtinoa H .IJ- 32' 5." E, A distanoe of 57.02 teot
to A point on the Httaterly I1nQ o'f Congres,a Avenue, thenee S
"'ft. tr". -tn. D . ..,___ __..... 1.1__..__,.. ,.__ _ .1._'&.____ _. ,.,,, ft.
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A parcIl ot hnd lvln" In IIGt:!on tt. Townlhlp 45' SoutK,.Il.n". t~.
C.at, '.1. B.ach CQuntv. Florida, b.fn~ .ore partJcul,rlv
duclt"Jb.d &. Colla"" .
Co-.nce at the c.ntu' oC' lectJon 19, thlnce tI O' ii.I 51- W,
dcm9 · the Narth South' 1/4 S.ctlon Un. at ulel l.aUan, a
dhtanc. af 35.00 tut, thence If 818 U' 21- t, & .dhtanc. ot
ZO.oo f,lt to the principal point and pllCt oC b.qtnnt~q ot the
(ollo~tnq d.~crlpttQnl .
Thence conUnuJn~ U 87- 5.' 21- 'e . dhtanc. at 20.01 l..t to a
point, thlnce" 0.51' 51N'W, along a lJn. ~o.oo Ce.t E..t 01 Ind
pU'dhl "ithui4 Honh South' 1/4 SlcUon lln., .a dlltanee at
1191.13 teet to l point on the South rtqht-o(."av 11n. ot Boynton
C~nal, thonel "U. OS' 2611 E, alon9 uid South, rlqht-al-wI"
line, a 4Jat.nc. of 4J~.99 (lit ta . poJnt, thence 5 O. OS' 16~
W. ..~ dht.,II\C' oC 145..:0(1 C..t' to a point, thene. 293.22 Cue alonq
an arc to the rJqht, h_vJng a r.adJu. oC 420.00 C..t and a cho~d .
oC 181.30 fut ~..It"J~9S20- OS' 24- "',thene. 294.96 c.~, a1on9 ...
~n a~G to tho'loft h~vln9 a ~.dt~. ot 325.00 C..c and a choc4 01
18...,. het, bau'Jnq'is.I"- OS' 26- ...thane. 5 11- 54' 3..- E. a
dhtancepl 10.00 h,t. to . paine, th'ne. 2J1.51 Cut, a1on9 an
HC to th. J"jght,hol~.nlJ A udJu. oC 320.00 h.t and & chor'cI ot
J29.36 lo~c b..~ln9 . 9. 05' 26- W,th.nee 13..54 l..c, alon9 an
.arc to, tho. leCt hlVj~CJ' a u4JuI of H'O.oo (ut and a ch,o&"d ot
132.78 ("C,~earln9,i5 u. ai' U. H, th.nce 502- ai' 3t. E. "
dhtance o~ 2J.61.C.~t'to. potnt, thence 227.77 tut, alon" an
arc to t~.. right havjnv . rad.lu. af U$.OO tut and a chal'd ot .
iOJ;.06 r.!I~. b..rI1l9 1542- :sa' 21- ~,. thene. S 87- sa' 21- ~f a
dJ.hnui 'at .72.34ClI!o-= to ... point, thence NO. 51' Sl- H a
dhcanc:. of 15.00 t.~t tathe point oC b.glnnhlq and containi"q
8~61' .~r.. of l.and .~re or 1....
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. MEETING MINutES
, 'PLANNING ANDi:DEVEL.OPMENT:BOARll .
'. '. ' .. : ;.; ..j ~. .l; '. .. . ...., '.
" ',BOYNTON$EACH,FlORU)'A
MAY 14, 1996
i="'-'
Motion
, Mr., Wische moved,' on 'the request' for site plan' approval to construct a convenience store with
'gasoline sales and car wash on 1.1'3 acres, subJect to staff comments that were agreed upon and
,discus~ed this evening.' Mr. Aguila secondecHhe motion.
, Vice ChaJrman Golden ~~id he will vote ag~jhst 1hisbe9ause he has a problem with this entire
, proiebt that ,goes back toth~way- it was rezoned:' Mr; Rosenstock' concurred.
, . ,
The motion-carried' 4-3~ (Vic~ Chair-mariGolden and Messrs. Elsner and Rosenstock castthe
dissenting votes.) ,
Maior Site Plan MOdification
"F"~
Boynton Beach Mall
Department Store F
Cormac C. Conahan, Esq.
Hodgson, Russ, Andrews, Woods & Goodyear
DeBartolo Properties Management, Inc.
Boyntori~JCP Associates, Inc. Ltd., a Florida limited
partnership
801 North Congress Avenue
Hequestto amend the previously-approved site plan
to cOhstruct a 162,502 square foot department store
with parking structure.
At Chairman Dube's request, Mr. Haag used the overhead projector to display the site plan showing
the proposed department store and parking structure.
3.
Project Name:
Agent
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Applicant:
Owner:
Location:
Description:
Mac Conahan. Attornev Dracticlna In Boca Raton. Florida. and Rod Bosler. Senior Proiect
EnQineer. wer~ present on behalf of the petitioner. ,Mr. Conahan explained that the proposal tonight
is to place a sixth department store at the site. This is essentially the first proposal that was
presented in 1985, and approved in a development order in 1991. In 1991, the proposal for the
sixth department store Was shelved. Sears,which was proposed for the sixth department store,
moved into the area vacated by Jordan Marsh. At this time, a store is. interested in coming into the
Boynton Beach Mall, and everything looks positive to add another anchor tenant.
With regard to the issue of the preservation area, the 1985 proposal, which ended in 1989, did not
':preserve the trees. After years of appeals, a compromise was made to preserve the trees. The
applimint is not proposing any changes to the agreement made in 1991 with respect to the
preseNatiol1.
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The applicant has had the fina.1 form of the comments for only 18 hours. Comments 3, 11, 41, 50
and 54 address the parking. deck. M~etings were held today with City staff to address technical
issues related tQ the ramps, and sizing issues; . Mr. Conahan requested leaving these issues for
f;Jrther disCussions with staff prior to the City Commission meeting. He believes the items can be
worked out that deal with iriterF'!al configuration of the deck. Those items should not affect site plan
issues.
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" MEETING MINUTES
PLANNJNG AND;, DEVELOP,MENTBOAa:n '
B()YNTON: BEACH; FLORiDA
MAY 14, 1996
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ThefoUowing items 'are Clarifications:
Item #to - This item addresses wheel stops. When the Mafl was approved in 1984, no
whee[ sfapswere included for the entire Mall project. .~ The appUcant is of the opinio~ tha1 the
variance whiCh affects the wheel stops is effective,for the entire project The applicant does
not tset it Would be appropriate to have wheel stops in a small section of the Mall. The
Cij)plfccintcorjsiderswh~eJ slops dangerous in ,asltewlth this configuration, and hopes the
, conditi~n:was Iistedfo"r checklist purposeS. only. and not as a condition offinal approval.
'Ms. Heyd~n advi$ecIthatshe was'lJnapl~ to jClcatetheya,ri~nce. Howe,ver, if this remains as a
condition, 'th~ ,City Ccimin!ssion cilnd~atwith, it .Mr~.,qof~~hanadvjs~c:t thath.e sent Ms. ,Heyden
copiesoU~e:meeting' l11in~tespro~ing;th~ta.vcuia.riG~eXistp. ; Ms. Heyden did not receiVe the copies
of the minutes. .
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Item' #14 - This item deals with fire lane signs. Mr. Bosler sai~ he was unclear whether this
refE,lrS;to theentire':perirnete~ o~ thE! Mall;ottne~pecific site. HaYi!'19 a.s,ign every 50': would
. have ,aAendEmcy ;to createth~:, $peararii;e of B, pickel fence. This seems excessive in
conjunction with the striping. thalis also required.
Mr. Aguila agreed this seemed to be a waste <:if money and effort.
Item, #33 .. [)rainage . Mr.' Conahan said th,ere will be no further discharge from their
drairiijge pond, but they will be 'increasing the' impervious areas.
Mr. Bosler:felt the intent was that the applicant would not increase the discharge of storm
w~teroff the property. When adqitionaJ :jrnpervious area is added, the volume of run-off is
, increa:sed within the exi~ting retention.
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Item #;26,- Mr. Bosler hadseveraLdiscussions with the City Forester.. The applicant plans
to'expj:lhd the:parking lot" relocatirigtheexisttng cruising lanes around the parking lot, and
doing ad~iUonal;workadJacEmttothebuildirigthat wHlberequired. He indicated that a great
deal ofJandscaping material.wou!dbeimpa9ted.. Some of that landscape material is not in
'health,ycondition, .and some of it istoo large to move economically.
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The.applicantwo,uld Iike.toset Ol:lt a program where he, the City Forester, and a landscape
archil~ct,. wOllJdwalk the site a.n.d determine which plant materials could be moved to
. different,locati9n;;aroundthe prop~rty. There is sorrieconfusion that Jtem,#26 refers to the
23,5treesshowrf9Il the ~xjsting IocaJiom:;. The applitant is anticipating relocating 235 trees.
Howev~r, theYWillre!ocate' aH'Within tha~ group'lhat are capable of reasonably being
relocated. This isa matter of clarification.
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Item,,#24 ~ This: deals .with tne~xisting tree cqunt There was a survey prepared in
conjunction v,viththelast site: plan approvalwhichiqentified all trees that were on'the pine
preserve prpperty. . Mr. aos.ler aS$urries there are trees'lhere which were 100 small to count
and have noW grqwo to the size to becoLJritOCf, and others have died. The applicant intends
tQ puttogether a :manag~m~nt plan with the assistance of the City Forester that wou Id call
out how to go through the preserve, clean it out, and then provide ()ngoing maintenance to
ensure that it is kept-<;;Iean~, Some of the existing plantings in the preserve include Slash
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MEETINGMIN(jTES .
,PLANNINC3, AND:;'DEVELOP.MENT,BO~II>; "
. BOYNTON: BsAc'H! FLORIDA . ......
MAY 14,1996
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Piryes. .ThiS, might be the appropriateplac~. for Je.location of the trees.. If there are gaps in
, th~ pii1e.:presetYa,t~applicarit "'viII planfadditipnaf pines to fiUin the gaps. A great deal of
this area iS,vine covered today, and there'wilf have.to be a proceSs 10 work through it. .
Nlr., Aguila pointed ,out ,that the logic being p~oposectsounds good. However, with regard to, ongoing
. maintenance, he nQtedthatover the last 10 years; no ,one has done anything with thepre~erve area.
He inqu:fred :whattl1e applicant inten~sto do ih th~'future .if thjs application is ,approved~
. Mr.' Boslecadmitt~<that the development ,order. addresses dealing pnly' with exo1ics. The
. ,d€lVel()pmen~:ord~rdi,rn91,inClude aJuJ1' oogoltig.rpan~em~i:1tplan; Staff as~ed the: appYcant to
'prep,are.-~;rnanag~lJl~nhplan~ andth~ appljeant:h~~ agr.:eeP fq th~tcohcfiti()n. Staffatld ttle City ,
ForesterWHl :reviaw ,it;, a.mdtheapplidant will comply With it. This will be a condition of approval.
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It~m {#43"i I;Iqild:ipg:H~Jg,ht,. There isa reqjJirementto screen any rooftop installations;
hqw~yer,tbeJre~ujrel11~nt $!,ates ,that the.i~c(eenjng,q~nriot, exce~ 45'. There' will be
el~Mator h94~irt~ bt1Jh~ :to?t If the h~i9ht Of the p:Und~h~:i~; 44' ,it will not be possible to
scr~en theelevawr hOl!slng and not exceed the heIght l!mlta:t1on.
Mr. Aguilaexplai"ed that, thi$ comment relates .toraof-mounted air conditioning eqlJipment. An
elevator housing is Sdmething entfrely different. "
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, It~in #37 - B~I,djngHeight- The proposed store' has an arched entrance feature with a
ra~iu~over thEl main entrY which takes it t6the height ,of 54'. Thatis 9' above the entry. In
reviewingtlle Cqd,e,itpermits screening and architectural features such as cupolas. The
applicanU~ -hOpefuLthe Com,mission wili'allow.thearchitectural feature because: it is a
sig.oa~ure of t~ Store.' The applicant will'seekrelief from this height requirement f(9m the
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Mr. Bosler feels this is a functional feat,ure and will help screen some of the rooftop equipment.
Mr. Conahan :Saidthe~e are clarifications required regarding Items 17, 19,21, and 46. These are
all landscape ,items wJ1ichthe applicant discussed With the City Forester. . The applicant bel.ieves
these conditions hav~be~n met, but would like to leave them for a meeting he hopes to have with
Mr. Hallahan for clarification purposes. Some materials have been submitted, but the comment was
hot deleted. .. .
Mr. Cona~an said that an approval from this board will enhance the applicant's ability to bring to
. Boynton Beach a store they will be 'proud of. .
In response, to Chairman Oube's question, the applicant stated that of the 56 comments listed in
EXhibit "on, he wouIcHiJ(8, Item 10 removed. Other than the items mentioned, the applicant has no
objection to complying with the comments. The comments that were mentioned require clarification.
,Mr. Rosenstock requested that the applicant address Item #11 , security in the parking lot. Mr.
Bosler ~xplained that they are: not prepared with a response to that questIon at this time. The deck
'design i~ in the deveJopf!ient and design phase. There have been discussions about lighting, but
'there have been ,no discussions about a security system. He offered to contact the deck consultant
to get his opinion on thisitem.' . .
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MEETING MINUTES
, PL~rsIlNGAN;~PEVELOPMENT'BOAAD
BOYNTQN8EACH,:FLORIDA
MAY 14,1996
, Mr. Rosenstock exPressed ooncernfor thepafrons who use this proposed parking facility. He
poin.ted'~Littl1atif onepersong~t~ mugged in the~arage. people win:b~dem8.ndingthat .our Police
Dep,artment:proyidcepatro!s. Mr., R:osenstock recommends that the applicant provide a seclJrity
'system whic~ will benefit the com,munity. . ,
,Mr. Bosler reminded Mr; Rosenstockthatthe Mall has a private security company that patrols the
.prop~rty. Theirm:~~9t~\Jf,this pa.rki~g:d~ arebeingass'essecf. Mr. Bosler offered to provide' an
. ansWer to this::que~tio.n for the Qity,Ccirnmission. ' ' , "
"; 'In 'respol1seJo:f\I1r. ;Aguila,'s. que$tiQn;. M$., H,eyden~,a,dvised that this ,app lication wiH not corne back
to;thePI~n.i1lhg~d'qevai9PI1l~nt,a9*q r~!~tiy~~tqtti~ buj(ding,~levations. ',' Mr. ,Aguila feels very little
~ffort~s,tn~de'-Qhtb~,parki:,ng;ga~g~. It isbO:rlng~:He asked if the:.applfcantcould do something
. 'to niakel! more' aesthetically: 'Pleasing. . ", -
Mr. Bosler ~'the:~p~i~,tij'lt~~ E:)~t~li$heQ a high clearance on the ground floor. The customary
fl?or..to,:fIQor;r~~iqj~,~~*~tn~t~ly ~ r~ Thecippliearit has. provided 17' for the firs~ floor. This will
h~lp'security~ 'In;aqd~tiQn.pJ~ter isl~Cls have been created that run continuously across thetront
. . of the deck.' This:wUI provide a dense landscape :screen. .
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Mr, :Aguila(e<<::omm~nd,e9: br~~ng~p. the contlnuityof the upper level. Mr. Bosler said it is
~ntibipated ~hat.the.re. ""i1I-;be ;3;,preca$tfinish. ,However, the actual detailing has not been refined.
Toe: appli.catltwm. ba,paitlcLllarly sensitive to the detailing of the facade treatment. This garage must
beopenfor;veniU~~p'nWidJig~t,butJ~e applicantwlll come up with a scheme which is functional
. and -com~n:ple;with the re,nalrider Qf.thecenter. He agreed that the elevations of the Mall are plain.
He is confident the,applicantcan db much better 'than what currently exists.
S1:ella'Ross't'625WbisDeriilCtPiriesRoad.saidshespoke with people eight years ago regarding
p~eS~r'li.og'tqepine:area:~~c~Qrdir19~tp Re8?lut~on91:'37. .the cdnditions ~f the Development Order
~Ulretne plqe pre~~lYe:tCl !J.~'a:natlVe h~ltatlf1,perpetUlty, and aIlexo11cs must be removed. The
10$$ of the pjnesJan~ :the:d$g~ac;fatiQri Of the. site" wa~ due:tO the fact that nothirig was eyer done
in t~e area." :A landscap~,:Q~ffer ~1Qrl.(,ltne west bOl,lnpary of the preserve along Jarvert was to be
proVided; however, ttlath~s;n~t~ee~ done.' l,.ittoral' zone.plantings wer;e required around existing
ra1e;ntiQo po,iJas~' Thi$ wasnptid()ne~ .In order for thi,s preserve to survive, exotics must be removed
periodicaJly ~~ a~"*,ag~m~~ plari,nlu~tl?e 's~bmiited.. A buffer sh~uld be provided between the
preserve' arj(f;th,8Jl!3W p~kiJ1gQr!.lhe:;east AU lighting should be shielded down to eliminate spill
over. Int() the.pr,e~$'Ne: ,~inQr~I,Ptanti"pgs' should Q~ required qri existing arid proposed retention
pc;m~sf()( w~tt?rfl9~~lJdi ~e$:~~tiQS, AII-plants should be native; There should be no approval until
a management planissubmittad. ' '.
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Gary.lehnenz.Ei19lSW:2:Avenue.,strongly urged the -board to follow Mrs. Rossi's advice. This
develoJ:)er haS: macretmari~h)tdlTlises.:and not kept them.
Rita; Adal11~.~562Nbree~A"~nue.said she does not understand the reason for covering up the
orainage:cail'\i f9r'~itio~~lptuking., The Mallpclrking is never full. They should not eliminate the
pre~erve al7ld:wilpllf~ for~t1itional parking that is not necessary. 'She recommended letting the
applicant add~a:ddmonarparkirig to the parking garage, and, not over the canal.
Oliver lVIartil'1.~3527K1telv Ave:nue.is concerned about DeBartolo's honcompliance with Resolution
18
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MEETINQMINUTES , ",'
Pt~~U~G ANDDevE~O~M~NT BoARb
BOVNTON:B~CH~ 'FLORIDA
MAY 14, 1996
:NQ~91"37. l'heyhave made many promises inthe'past, buthave:notcomethrough. He requested
_ that:the,~oardJnake DeBClrtol~!"ve,.up to' th~ t~rnis-:of the Resolution andabiqe by rLilings made by
the-ooard to:enhance an~pre$erve t!1eareas. Tt;!eresidents do not feel theyhave been treated
fairly, by))~rtolo, Previops Gommission~-hC!.ve ~etabad precedentbyno~ holding the DeBartolo
GOfpOratio nto the conditions set forth in the Resolution. "
Re~ccaMartin.3527Kitelv,Avenue.-requ~ted a p~ma.nem- 6' high chain link fence landscaped
dl1,the:we$f:$ide:::Ciround 1frIe Jlre$etve~Shep(8sentf;:Jdct patitionfrOITl the resideJitsof the ar~a. -
, Mlcbae~-Kin9.~:3513 HarIbw&jAven~.; U"es'qdjacentto thi$ d~velpPIll~nt and is opposed to any
devEllopmeht :i~~tfJis'are~.:" Hei~ conqE!med.abQutthebuHding'height;and wantstci--see a
ma.nag~mentpl~ betQre~nythingiS :~ppr:ovecL' He fltlrther, remindeQ1heboard of thedangerof'.over
expansIon. 1 '
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A resident of 3642 Kitelv:iAvenue.said he is not opposed to the development of the store and the
parKing lot; however, he 'r$quested a buffer for the neighborhood:' .
, ChairmanDube pointed o~tthat-ifthis application is approv:~d tonight, Comment #18 states that a
- tree' mana9$ment plan mU,st be submitted. If the CitY Gommission approves this plan, the
management plan will be'~ requirement. . '
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Robert Barn. 3642 lnvanhoe Avenue. said there is a concrete wall on the west side of the Mall
facing:the de"elopme~1tothewest It Contains gratfi!i. Mr. Barn reported this condition to t~e Mall,
and was tofdthelr malnte~ance staff would handle it. He made a second call when nothIng was
.done,ano was; told itwoulq be tak.e.n care of. n is eight months later, and the condition still exists.
. If they could not take ~he fime to ~ak(3 .care of that'sma.1I item, why should anyone believe they will
take care of the other Items mentIoned? . .
Sam,Hoover.3642lotha~r,Avenue. has seen the 'graffiti on the w~U which has not been cleaned .
up. . He 'recpmn1ended pijtting the parking structure on the opposite side of the Mall where no
residentswil\ have to look $,t it What will happen if .they don't follow up on their management plan?
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,Chairman Dube reported t~cit the City.CommiSsion has already discussed pulling out old site plans
to make sure the properti~s are brought up to their site plan approvals.
Charles'Matthews.-3567-trvanhoe Ayenue~ lives behind the Mall. The parking garage will serve
no purpose other than to ~ract undesirables. The integrity of the neighborhood will go down. He
feels this-is another scheme by DeBartolo. .
Mr. ~()nahan ~aid when J~e plan was brought in and approved in 1989. it was approved by the
Regional Planning C9uncl!: The plan called for the removal of half of the trees ,and some of those
provIsions were related to ther~tricted area.. In 1991, there was no r~uirement for a management
plan. The applicant hasncpw com~ forward and asked for an extensipn of the Development Order
which has condilionslhe applicantwiJ/ complywith. This site plan approval requires a management
plan. .
. Mr. Conahan said the issue of graffiti was brought to his attention a few months ago. He is also
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ME~TINQUI~UTES. ..,.'
PLANNINGANO' DEVE~QPMENTBOAR9i...'
BOYNTON BEACH FLORIDA
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MAY 14,,1996
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. ,concerned abOut this situation. He talked with the Mall representatives and was told itwould be
addresseci. He statedthcifbe WOuld talk With the representatives again, and if they'donot take care
.. of it; he will paint dver it:himself. . .
, In response to Vice Chairman Golden's question, Mr. Conahan confirmed that the preserve will be
. fenced with a 6' high chain link fence. .
Vice Chilirman Goldenal$O.n~ 'in the:.stattreportthat there is an i~ue,oftherlUmber of parking
"spag~$. 'A \latian6~i Wjll pe~Qulre:d'if.tb~ :~pncanLccumotget e.nough parking sPaces. Mr.
. Cori~h~Q$aJg dne;:ottti~ Q~lJd~ltcms:iSto~~naIize,'th'~ Laka\^forth'DraJn~ge:Distdct agreement. The
applj~nth$'qOf\ceprP~lapp(9)(fI{~er~'di~9u$si6ns;wrth thEr City Attorney, 'Heb6lie'ies the exact
lahg:qage.will be approved within the.riext few'di:lYs. . .. .
MtA9~j1a n01ed th~t ~,~y.~r~req~~~d it~m-fvide:6, 144 spaces .and are actually providing! 6,421.
TtJey~r~:pver the ny.r:nper Qf,~PC!lt~~ r~q~fr~d. ,Mr. Haag adVls~dthat these~e the number~
accordlng~tothe plan; bllt th e physlc~l. cQunt IS dIfferent.
Mr.,Aguila.said ittheY:are 277 $pacespver,. ne ,^,:ould recommend that the 44 spaces in the western-
. rT1Ost, andsduthern-fnost areas :be$Jirtlinated: The preserve area could stay larger. Also, the
WE*$fert) alignment.ofthe roadgoe$;u~,a'Sp(lce.ortwo. Counting those spaces on the northern half
ofth~ we$t~rn'r9adway". yciu. cq~J(:teHminate30:or 40 spaces. . That would allow the p'reserve to
growJarger;, ; Based on What is,shC>\Nn,80 to.1 00 spaces could be eliminated to make the preserve
larger." '. . '.
Mr. Conahan said the canaL is a disturbed, cut grass canal area. There are issues that may affect
some of the:parkingsp~ces relative ,to the parking garage. In addition, this proposal :is 'under a
dev~lopmeniorderwhich wasapprpved by the Commission. The'appliCant requires that area for
parking tom~ke the project viable:
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Mr. RosenstpCk,pqinted out that the closer the individual is to an objects the greater the view IS cut
off in the JOngdistcinc~: . He rec~:immel1dedthat theappJicant planttrees along the canal and install.
, a fence. That wiJI provide a view ot greene'ry instead of cars. The applicant said that will be done.
Mr. Rosenstock also recommem;j~dinstamng a .hedge against the buffer wall as a means of
. preventing~graffiti. . Mr. Bos'etagr~ed with thisreqommendi3,tiori. 'He $aid they will be providing a
6' hig.~fence.:an~ afast-grg'Nirtg h~ge. (Co~Oplurn) fronting it and Waxed Myrtle trees. One of the
conditlonsreqwres a contm~ous (ow of Waxed Myrtle trees.
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. Mr. Rosenstoickrecommendeftthat~e app!icantview the Federal Building in Fort Lauderdale to see
the:plants that have been hUngfrorn the parapets on every story of the building. It is very pleasing
to the eye and.'ow in inainlerianc~eosls.
Mr. Hill questioned when the gra~lwi!1 b~ removed fr;om the wall. Mr. Bosler said this was the first
he heard of the proplem. H$ :Wilr~i~cuss this sitUation with Mall representatives tomorrow and
request that it be removed within the next day or two.
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Ms. Heyde.nsai.d there were to.or12 comments m~ntioned that required cJarification. She
.confirmed that Comments 3, 11. 41, 50ahd 54 deal yvith the parking garage. She asked Mr.
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MEETlNG MINUTES
PL'ANt+lIN~.~~DfbEvE~OPME~T . BoARD
BOYNTON' BEACH~FLOAIDA .
MAY:14,1996
Conahan to expoundon those issues. M.r.Conahan explain~d thatt!1e applicant wehtbefore the
TRQtOd.ay. There were'.a'nUmber ofissl,.[es that were~sedby Mr. . Hukilta,.bcH;ll turning. areas . and
. the rnechanicso.f thedeek. There . will be a: meeting tomorroW to work out those details. Comments
'#3 and so are inconsiStent. Commenl#S(}shouldbe the surviving condition of the two.
. Ms. Heyden said,th~.col1flic1 between Gomr;ri~nts#3 and 50 caJ)betaken:care of. However, she
. . Hque$~on~wh~ther'the appU~ahtwasobj~ting to Comments #11.41. and 54.
Mr. Cona~~n~,aid.1he issue ofrs~curitY'vva~;l3l,~ady;,~iscussed. . The~pp'liccint:agre.es to qiscuss this
issLlewith~~ff:#:l\Sw~;:Wltp:~ect t~:Qom~erj#41, a~ ~aysm~tinQ.J~~re~was adiscussion
of a I1l;Jmti~~of:ltern$J~gfU'di(1gtbe.;~tlilrilr~)::~aif~~waU, 9J1d el~'lators on Qrades 2 and 3 of the
parkinggfttcl.gEt Clarifid:a:ti9n lis', ne!:ld~cf~o~ir()nput these. comments, '
. Vice Chairman Golden aclvis~dthat:these;cOrn/llent5wiJI be jnclud~das conditions to be worked
out with staft ' , .:
Motion
Mr. Rosenstock moved to approve pending all recommendations of the staff, and they can work it
. out. Mr; Wische'Seconded the motion.
Chairman Dube stated that,the applicant did not object to anything 'other than th~ one comment
mentiOned earlier. Ms.' Heyden ~ajd the~e are six comments staff did no1 have an opportunity to
r~spcmd:,to. Chairman' D~t;>e twas of the opinion they were clarified. during the earlier discussion.
Vice Chairman Golden advi$ed that the applicant needs to deal with' staff' prior to the City
Comrnission meeting. ..' Ms. I+leyden ,adv!sedthat staff has reviewed th~se comments with' the
applicant; and agr~ementcahnotbe rea-chedon some of them. The applicant stated that there is
a need to meet With st~ff ,t,o determine the: language of some of these issues. The applicant does
not have any problem with this board indicating. that approval is subject to the conditions, but also
subject to further discusSions With staff prior to City Commission approval.
Mr. Rosenstock said he intends to stipulate that all items by staff must be approved by staff prior to
. recommendation to the ful! Commission. If.not approved when submitted to the Commission, they
.will have to make a decision.
Ms. Heyqen stat~ that it is staffs opinion that all of thes~ comments stand and are necessary. Vice
Chairman Goldeli scdd the board is moving forward with approval subject to these comments.
Ms.: Heyden questioned wl)ether or not the board had a recommendation relative to the pitch on the
aisles in the parking ,garage or the fire lanes. .
. Mr. Rosenstock said he agrees with the developer that signs every 50' in the fire lane will look
terrible.
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.. Mr. Conahan said he realizes the approval will be subject to the comments; however, the applicant
feltit~as. necessary to indicate that clarifying discussion is necessary; . He is hopeful staff will agree
with '!Vhat they work out. If staff does not agree wit~ wh~t the. appJic!intworks out. the applicant will
proceed to the Commission withtheconditions listed. Mr. Conahan will discuss this further wi1h Ms.
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,MEETING MINUTES' ,',,}
, PLANNI:NG ANDDEVEL.OPMENT aOAPtd, 'J,,'
BOYNTON BEACH, FLORIDA '
MAY 14,1996
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Heyden tomorrow, and if Ms. Heyden dO,es not agree with their proposal, they wiHleave it out. '
, Mr: Agl1i1a re~estedthat the applicant carefully look at the 80 spaces qn the west end, and if it is
, ppssibl,e lo~do without thein, he would like 'te :see that :areaasgreen area, The applicant agreed to
COri$ider this request
MI', Rosem,stock agreed to ~ithdraw his.first motion.
Motion
On Ite~ 7.8.3., namely, Bo~ton BeachMall, Department Store F,applicant DeBartolo Properties
, Ma,',nagemen, t,: Inc., owner ~oynton-JCPAss~ciates. Inp. Ltd., a Florida limited partnership, Mr,'
Rosenstock moved that thi~ application be approved. This property is locatecLat 801 Congress
,Avenue, and their request lis to am'end the, previously-approved site plan to construct a 162,502
square foot department s!pre with parking structure. The approved is pendin~all of the staff
, commer:lts and, particularly, that the C,ity Commission grant relief from Itel11 #1 O. Mr. Wische
seconded the motion whic~carriedunanimously. ,
!=:;-tl'=
,
Dr. Elsner left the meeting.! Mr. Re~ took his place as a voting member.
i
Project Name.:
Age~t:' .
APPl1can1l0wner: .
, I
loc~tion:
I
O i. t'
escpnp Ion:
4.
The Vinings at Boynton Beach - Phase II
eCl Consultants, Inc, .
Boynton Beach II Limited Partnership, a Florida
limited partnership" and its assigns '
East si'de of SW 8th Street, approximately 1900 feet
north 6f Woolbright Road'
Requi;l$t to amend the previously-approved site plan
to increase thenumi;>er of 'apartment buildings from
12 to 16,.omit bul!ding types III and V, add a volleyball
court and reconfigure: otl1er recreation amenities, al1er
building types II and'IV, add a building type VI, and
reconfigure the parking and access area.
\ ,
~~~
Mr. Haag displayed an~verlay of the existing approved site plan, and one showing the
modifications. The modifiqations are limited to north of the lake; 'The layout is the same, but the
largest change is thatthe proposal now calls for some of the buildjngslo have garages. This will
eliminate a great deal of the parking spaces around the facility.' . A number of the units did not
change. "
Louis CamDanile,of ,CCUConsuliants.introduced Bettina Scher. who. advised that she was
. present to answer any'qi.Je~tion~ ,posed by the members and to work out any of their concerns with
the comments promulgat~ by the various City departments.,' .
, Uem:#3 - This is a Fire Department c<?mment relative to lift station access. The applicant
, is' riot sure if this comment. means frqm. the north or from' their. project. They need
clarification on this commentand will work it out prior to City Commission.
: Item #9 -:- This is no longer a ooncern of'Mr. Hukill's after meeting wi1h the applicant today.
22.
'~,~ I ...
"
"
PLANNING AND ZONING DEPARTMENT
MEMORANDUM "5-252
SITE PLAN REVIEW
5T AFF REPORT
FOR
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
May 9, 1996
DESCRIPTION OF PROIECT:
Project Name:
Boynton Beach Mati (Department Store F)
Applicant:
DeBartolo Properties Management, Inc.
Alent:
Mr. Cormac C. Conahan, Esq.
Location:
801 North Congress Avenue
File No.:
MSPM 96-001
~"'T'_
Land "Use Plan
Designation:
Local Retail Commercial (LRO
Zoning
Designation:
Community Commercial (C-3)
Type o' Use:
Retail'Store
. Number of
Units:
N/A
Square
Footap:
Site Area:
Building Area:
5,061,077 sq. ft. (116.37 acres)
1,232,817 sq. ft. (leasable)
Su~ .....
uses and zOllinB:
(see Exhibit "Art - location map)
r.,.--'
North C-16 Lake Worth Drainage Distrid (LWDD) Canal and farther
north is the Congress Lakes PUD (existing multi-family
residenti,al apartment units), zoned PUD and developed land
located in .Palm Beach County.
South Old Boynton Road and farther south is undeveloped property,
zoned PCD (Planned Commercial Development) and AG
(Agticulture>1" "
East . Commercial ~evelopment, zoned C-3. .
Pagel
Boynton Beach Mall (Department Store f)
File No. MSPM 96-001
Memorandum #96-0252
,--
,_......J
Proposed
Development:
(see Exhibit "e" - proposed site plan)
The Boynton Beach Mall is a develC)pment of regional. impact (ORI).
A recent resolution (R9~26), approved by the City Commission on
February 20,.1996, amended the.developmenl order for the mall. In
addition to the. standard codes, the mall must comply with the
additional condition~ of this development order. This major site plan
modification requeSt includes adding a 162,502 gross leasable square
foot department store, identified as Department. Store F, to the
existing mall siructure~ A tWo level, .above grade, detached parking
structure .and revised parking and landscape improvements are
proposed with the request~ Department Store .F and the parking
structure are to be located on the ,west side of ' the maJl. .
Concurrency:
a.
Traffic - .
Traffic review for the proposed mall addition.-#
was p...viously reviewed .nd approved as mos1' i
recent amendment to the DRI. ' I
b. Orainqe-
Insufficient drainage information has been
~ubmitted for the Engineering Division to certify
compliance ~ith the DRI drainage. regulations.
The Erigineering Division is recommending that
this be postponed to the time of permit review.
Orivew.ys: The mall has two (2) existing, two-way driveways located on Old
Boynton Road that allow access to a two-way peripheral access aisle
that circles ' the outside of the mall site4 There are three (3) existing
inpesslep'eSl access easements located on Congre5$ Avenue which
lead directly to the mall .peripheral access aisle. The peripheral
aceeu aisle allows traffic to cirCle the mall before entering the
parki.. facility. The proposed site changes will ~liahtly modify the
access aisle, however, the peripheral access aisle concept will remain.
No changes are proposed to the access system.
Parkins facility: The parkil1l facility at the .west side of the mall will be the only
vehicle use area affected by this site plan modification. A detached_
two level above grade patking structure housing 640 parking space~ :
is proposed for the center of the west side of the mall. Additional ;
parking will be prov.ided .on the L WDO canal rightooOf..way that isl.",
located in the northwest comer of the mall site. This will be
accomplished by culverting the canal and constructed parking on the
surface. A parking agreement is being fine-tuned between the maU
the L WDO. Based on the gross leasable area identified on the site
data found on sheet SP.1. a total of li.1li_Ci na~in.. U'I~r~c ~..~
, '
... ... .,
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.'
"
Page 3 ,
Boynton Beach Mall (Department Store F)
File No. MSPM 96-001 .
Memorandum #96-252
f'
Landscaping:
Building and Site
Regulati~s:
r~:"'-,:,;
Following compliance with staff comments the on-site landscaping
will comply with city regulations. Compliance with staff comments
will also ensure that the preserve area is in compliance with DRI
standards and regulations.
The proposed addition is in compliance with all C-3 building and site
regulations with the exception of the overaJl height. The applicant
is requesting an overall height of 54 feet 6 inches whereas the city
height limitation is 45 feet. The structure exceeding the height is not
eligible for a variance or height exception to increase the height.
Therefore, the structure must be reduced in height. The DRI allows
a maximum of 1,244,449 square feet of gross leasable floor area for
the mall site following compliance with the development regulations
and standards identified in Resolution R96-26. . The submitted plans
indic:ate a total of 1,070,315 square feet of leasable area currently
exists at the site. A total of 1,232}817 square feet of leasable area
, ., will be achieved by adding the 162,502 square feet of leasable area
of the proposed department store F.
;;J>
.41.-.
Colllllllll1ity Desip
Plan: :,. The proposed color scheme, tan walls and a reddish brown accent
" i trim, is compatible with the remainder of the mall. The arched entry
, feature with polished granite side styles and transom located on the
north} west and south elevations feature a unique design to the maJl
desill'. However, it does not detract from the overall design of the
mall and helps to break-up the mass of the building.
Sisnqe:
RECOMMENDATION:
Wall signage has not been submitted.
'The Planning, and Zoning D~rtment recommends approval of this site plan request,
subject to the comments included in Exhibit D - Conditions of Approval. The TRe
reeommends that the deficiencies identified in this eXhibit be corrected on the set of plans
. submitted for building permit_
xc: Central File
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BOYNTON BEACH MALL
DEPARTMENT STORE "F"
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" '
MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
MAY 21,1996
Motion
Vice Mayor Jaskiewicz moved to amend the land use from moderate density residential to
office comm'ercial, and to rezone from R-1, single-family residential, to C-1, office
professional. Commissioner Tillman seconded the motion.
Mayor Taylor shared Vice Mayor Jaskiewicz' view. He said we have been waiting a long
time to see that corner improve. He hoped this will do it and that whoever takes it over
. maintains it.
The motion carried 5-0.
"1 --
Boynton Beach Mall Department Store F
801 North Congress Avenue
PARKING LOT VARIANCE: Request for relief from City of
Boynton Beach Land Development Regulations, Chapter 23
- Parking Lots, Article II, 1.1. - Parking lot layout, to reduce the
back-up space from 27 feet to 25 feet for two-way parking on
both sides of access aisles on each of the two levels of a
proposed parking garage and reduce the length of parking
spaces. that abut the perimeter of the two levels of the
parking structure from 18 feet to 17.25 feet
Mac Conahan represented the applicant. He stated that the initial variance that was
requested was not acceptable to the city staff, but staff worked with us and provided
suggestions, and the applicant is now requesting what staff recommends.
D. Project:
Location:
Description:
Ms. Heyden gave a summary of what this entails. The access aisles or traffic ways where
you have parking o'n either side, require 27 feet. The applicant is short 2 feet on the
access aisle where the ramp is connecting the two stories. The applicant is also short 2
feet on the access aisles on the ends of the building. Our parking lot regulations also
require that our parking spaces be 18 feet deep. The applicant is 8 inches short of that 18
feet on all the parking spaces around the perimeter of the structure. Staff recommends
that the walls of the parking structure be pushed out 2 feet 8 inches on the north and south
walls and that the east and west walls be pushed out 8 inches. So essentially, the first part
of the variance goes away. Regarding the access ramp and the 2 foot shortage on the
access aisle, staff recommends that the 2 foot shortage be eased by allowing a shortage
of 1 foot on each of the access aisles north and south of the ramp. Mr. Conahan agreed
to this.
t""';" .
24
MINUTES
CITY COMMISS10N
BOYNTON BEACH, FLORIDA
MAY 21, 1996
No one in the audience wished to address this item.
Mr. Hukill said staff was greatly concerned about parking on the slope, which is 17 feet
vertically for a 150 feet horizontally. This is a more than 10 percent slope. Staff's concern
was that if you park there and try to back out, you will have a very bad sight line due to the
corners, the ramp slope, and the transitions. Mr. Conahan agreed to the 10 degree
conditio n.
Motion
Commissioner Titcomb moved to approve the parking lot variance, agenda item VI.D. ,
subject to staff comments. Commissioner Bradley seconded the motion, wh ich carried 5-0.
VIII. DEVELOPMENT PLANS
rH' --',
D. PROJECT: Boynton Beach Mall, Department Store F
AGENT: Cormac C. Conahan, Esq., Hodgson, Russ, Andrews, Woods
& Goodyear
APPLICANT: DeBartolo Properties Management, Inc.
OWNER: Boynton-JCP Associates, Inc. Ltd., a Florida limited
partnership
LOCATION: 801 North Congress Avenue
DESCRIPTION: MAJOR SITE PLAN MODIFICATION: Request to amend
the previously approved site plan to construct a 162,502
square foot department store with parking structure
Mr. Conahan represented the applicant. Also present was Rod Vosper of DeBartolo
Properties. Mr. Conahan said the applicant is generally in agreement with the staff
conditions. He worked with the City Forester this afternoon regarding some landscaping
issues and has come up with language that addresses three conditions. The other two
items that needed to be addressed tonight are the issue of the arch height and the issue
of parking stops. The, remaining conditi,ons are acceptable.
City Attorney Cherof'asked him to identify the number of the conditions that are not agreed
to. Mr. Conahan hoped that condition 17, paragraph 1 of condition 19, and condition 24
will be addressed by replacing them with the proposed language set forth in his letter which
was distributed to the Commission. (This letter is attached to the original minutes on file
in the City Clerk's Office.) The wheel stop issue is number 10, and the height issue is
number 37.
25
MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
MAY 21,1996
Regarding comment number 10 (the requirement for wheel stops), Ms. Heyden stated that
in 1982, a parking lot variance was submitted to not require wheel stops in the mall. The
comment was made by the Engineering Department that it is unclear whether or not this
variance included future expansions. In further researching this issue with the City Clerk's
Office, although the records are not totally complete, she felt there is convincing evidence
to bridge this gap. There are references made to an original site plan that talks about
Phase 1 and Phase 2, and this sixth department store was Phase 2. Therefore, she
believes, although she does nat have a site plan to prove this, that the intention was that
the variance cover Phase 1 and Phase .2 of the mall.
Since wheel stops are not required anywhere else in the mall, Mayor Taylor did not think
we should insist on having them here. The rest of the Commission agreed with him.
Mr. Hukill stated that the variance was approved in 1982 and the code was written well
after that. This particular parking lot is probably one of the most important parking lots in
all of the city. Applicants regularly ask us to allow them to put in parking lots without curbs
or wheel stops. The wheel stops are put there to keep people from racing around in a
parking lot. He suggested that if we do not want to enforce this rule in a 6,000 car parking
lot, that rule should be taken out of the Land Development Regulations.
It was the consensus of the Commission not to require wheel stops. City Attorney Cherat
advised that if it is the consensus of the Commission not to require wheel stops, then
comment 10 would be rejected by the Commission in the approval form.
Comment 37 deals with the building height. Ms. Heyden advised that we have a building
height that was aPproved by referendum in 1982 which says that all structures in the city
shall not exceed 45 feet. However, structures such as parapets, cooling tower screens
and skylight peaks (basically mechanical appurtenances) can go beyond 45 feet if they are
approved through a height exception process.
She explained the applicant's proposal utilizing the elevation they submitted. She pointed
out the entrance feature, which is a semi-circle. This semi-circle exceeds 45 feet by 9'6".
Right now the way the plans have been submitted, the parapet wall does not screen
anything. She said the applicant indicated that he plans to have mechanical rooftop
equipment and that it would screen that mechanical rooftop equipment.
In 198.2, a very similar issue arose with regard to Macy's, and they were allowed to at least
go through the height excepti~n process. Therefore, staff recommends that this applicant
26
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.
~
MINUTES
CITY COMMISSION "
BOYNTON BEACHJ FLORIDA
MAY 21, 1996
be allowed to go through the height exception process. Mr. Conahan advised that this
recommendation is acceptable to the applicant.
Regarding comments 7, 19 and 24, Mr. Conahan met with the City Forester, Kevin
Hallahan, after Ms. Heyden's memorandum was written. Mr. Hallahan indicated that he
has seen Mr. Conahan's May 21, 1996 letter addressed to the City Commission and he
had no objection to its contents. Ms. Heyden advised that this would take the place of
comments 17, 24, and a portion of 19. This letter, which is attached to the original minutes
on file in the CityClerk's Office, states that cond ition 17, paragraph 1 of condition 19, and
condition 24 will be replaced with the following condition:
"As part of the Tree Management Plan the applicant shall confirm the
quantity of presently living slash pine trees within the Pine Preserve
Area to the satisfaction of the City Forester. All presently living slash
pines that, in the judgment of the City Forester, cannot be reasonably
saved in conjunction with the removal of the exotics from the Pine
Preserve Area shall be replaced on a one-to-one basis with new
8 to 10 foot tall slash pines."
The letter further states that if this change is made to the Site Plan Conditions, the
applicant will accept the other conditions relating to the Pine Preserve Area.
Commissioner Bradley asked for some background information ,on the preserve area, what
the DRI demanded, and what ordinance was in place. Mr. Hallahan advised that from a
historical prosp"ective, the preserve area is unique to the city because originally the mall
was presented to the City by way of the county, and the city basically did not oversee any
of that preserve area until recently J at the request of some of the people who live in the
adjoining neighborhood to remove the exotic vegetation from the area. This is how the
whole process started with our Parks Division and Code Enforcement looking through the
file to see what we would enforce. He said there is a development order that has gone
back to the late 1970s that basically stipulates what can and cannot take place on the
property known as the preserve. After a discussion today with the applicant's attorney,
Mr. Hallahan' would like for him to stipulate some of the historical background as to what
brings it up to date. Mr. Hallahan stated that a management plan for the preserve area is
missing. Currently, the only requirement that he is aware of on the development order is
that the exotics be 'removed. That is only one of the steps we normally take in creating a
management plan. So his position in agreeing to the items tonight would be the eventual
27
MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
MAY 21,1996
creation of a management plan document that will go forward with the mall properties so
that we will have some measurable way of identifying that they are taki ng care of the
property.
Mr. Conahan stated that the original development order for this property was adopted by
the county because this property was in the county in 1974. In 1974 they had a condition
in the development order that the pine area be preserved. That development order was
adopted but there was no development of the project until 1982 when the main property
was an nexed into the city and the city adopted a development agreement. The
development agreement was silent as to the pine area. Starting around 1985 and coming
to some finality in 1989, the city adopted a development order that had the identical
conditions as in the 1996 amended development order that the Commission adopted
earlier this year. That specified that the exotics were to be removed from the preserve
area and that a restrictive covenant be placed upon the preserve area to assure that it will
remain as a pine preserve. The 1989 proposal was to cut the preserve area in half. The
Regional Planning Council did not agree with that a.nd took an appeal of that to the Florida
Land and Water Adjudicatory Commission (hereinafter referred to as the "FLWAC.l). When
we were at that level, the applicant agreed to preserve the entire pine area~ and the 1991
amended development order was adopted as an agreed order before FLWAC. This is
what we traveled under until this last amendment was adopted in February of this year.
Commissioner Bradley said the order in 1991 was no different from the other orders in that
it just specified exotic removal and preservation. tn other words, you could not build
anything else there. Mr. Conahan said that is correct. He added that one of the main
issues that came up over the years was that there be a management plan and the
applicant had resisted a management plan in 1987, 1988, 1989, and in 1991. In 1991, the
Commission adopted, without a management plan. However, because of the concerns of
the residents, and also because of Mr. Hallahan's concerns, we have agreed to the
condition in the proposed conditions tonight to add a requirement for a management plan.
We will work with Mr. Hallahan and put together a management plan that will work to
preserve that area. The change in the language that we are proposing will give
Mr. Hallahan the full discretion to tag and identify the trees that will be part of that
management pJan.
Mayor Taylor asked when will we have the management plan. Mr. Conahan said the
management plan has to be approved by the Forester before a building permit is issued.
Mayor Taylor noticed that the previous management plan discussed removal of exotics and
preservation of the area. He asked if the management plan will include maintenance of
the preserved area. Mr. Conahan answered affirmatively.
28
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i
MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
MAY 21, 1996
parking lot several years ago to meet the handicap requirements, staff counted the parking
spaces. There is a discrepancy in the number of parking spaces staff came up with and
the number of parking spaces the applicant came up with. Staff believes there are
between 40 and 50 surplus parking spaces. One member of the Planning and
Development Board commented that if surplus parking can be reduced to what is required
by code in the area next to the preserve, then the applicant should attempt to do that.
Mr. Conahan remarked that oftentimes these kinds of tenants will require a certain number
of parking spaces that can be above and beyond what the code requires. If there are any
surplus parking spaces (this will not be known until the parking garage designs are turned
in with the permit), statf recommends that they not be provided.
Mr. Conahan stated that the original proposal in 1988 included the removal of trees which
the residents wanted to save. As a result, the applicant agreed to go through great
expense t6 put the parking in the canal area and preserve the preserve area. He said the
Lake Worth Drainage District does not allow any direct parking over their culvert area.
Some curbing will come within feet of the preserve area, but actual parking will be backed
off of that because of Lake Worth Drainage District requirements. The parking will.only be
up to what is presently the slope of the canal right-ot-way.
Rebecca Martin, 3527 Kitely Avenue, lives directly west of the preserve. She submitted
a copy of the petition which she presented at the Planning and Development Board
meeting last week; The petition was signed by some of the residents in her neighborhood,
demanding that DeBartolo clear out all exotic growth from the preserve, replace the
removed exotic growth with native plants, remove the garbage, place shielded lights in the
parking lot, place a six foot high chain link fence around the entire preserve, put native
plants on the west and east sides of the fence, put native plantings on the west side of the
wall, clean up the retention pond, build a pathway for the neighborhood to have walking
access to the mall, and to maintain the preserve, the fence, the wall, the pathway, and the
retention pond, so that they can have a nice area that buffers them from the mall. Ms.
Martin teaches science at Boca Raton Community High School and said many of the
children are native to Florida, yet very few of them know what a native slash pine is.
Therefore, she felt it would be nice to have some trees around.
Commissioner Titcomb asked at what point in this process will we know the actual number
of parking spaces and how far they will encroach into the right-at-way area. Ms. Heyden
advised that the plans show the limits of where the parking will be constructed. That will
not change. We will not know the number of parking spaces that have to be provided by
code until the permit stage when the parking garage floor plans and engineer drawings are
turned in.
31
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,
.
MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
Motion
MAY 21, 1996
Vice Mayor Jaskiewicz moved to approve the request to amend the previously approved
site plan to construct a 162,502 square foot department store with parking structure,
subject to all staff conditions. Commissioner Tillman seconded the motion, which carried
5-0.
VII. PUBLIC AUDIENCE
No one wished to speak under Public Audience.
Mayor Taylor declared a recess at 9:15 p.m. The meeting resumed at 9:25 p.
VIII. DEVELOPMENT PLANS
A. Project:
Agent:
Owner:
Location:
Description:
Woolbright Place PUD TABLED
Brett Nein - CCl Consultants, Inc.
Howard Scharlin, Trustee
Approximately 1,000 feet north of the intersection of
Woolbright Road and SW 8th Street
MASTER PLAN MODIFICATION - Request to amend the
previously approved master plan to change the dwelling units
within Pod 1 from 90 multi-family dwelling units to 85 single-
family, detached dwelling units; reduce the north PUD buffer
from 25 feet to 10 feet and reduce the perimeter building
setbacks along SW 8th Street and the north PUD buffer from
40 feet and 60 feet to 20 feet and 25 feet, respectively, add
private recreation and establish recreation setbacks
Anna Cottrell, a planner with the firm of Basehart and Cottrell Inc., 1532 Old Okeechobee
Road, West Palm Beach, stated that two weeks ago she promised to return to the
Commission after working with city staff to resolve the outstanding issues related to the 62
recommended conditions on this application. In the last two weeks, we have worked
diligently with city staff. She also met with County Engineering on the traffic issues, and
Florida Power and Light. She thinks we have come to agreement on the vast majority of
these conditions. There are only a few we need to discuss, namely 4, 10, 13, 30, 34, 44,
58, and 61. She thinks there are 9 conditions that can be deleted jf we come to an
agreement on these conditions because they will become irrelevant or moot.
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